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" The question is not so much what was the degree of memory possessed by the testator ? as this : Had he a disposing memory ? was he capable of recollecting the property he was about to bequeath; the manner of distributing it; and the objects of his bounty?... "
Reports of Cases Determined in the Court of Chancery of the State of New ... - Page 606
by New Jersey. Court of Chancery - 1846
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 2

New Jersey. Court of Chancery - Law reports, digests, etc - 1842 - 598 pages
...Was he capable of recollecting the property he was about to bequeath, the manner of distributing it, and the objects of his bounty ? To sum up the •whole...memory sufficiently sound to enable him to know and to understand the business in which he was engaged at the time when lie executed his will?" In the...
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A Practical Abridgment of American Common Law Cases Argued and ..., Volume 5

Jacob D. Wheeler - Common law - 1835 - 620 pages
...Hathorn v. King, of sound disposing mind and memory. The question, says Judge Washington, is this; were his mind and memory sufficiently sound to enable him to know and understand the business he was engaged in. If so, then he is competent to direct the distribution of his property by will,...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 11

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1859 - 654 pages
...so prostrated, is capable of making a will, if, at the time he executes it, his mind and memory are sufficiently sound to enable him to know and understand the business in which he is engaged. 1 Jarm. on Wills, 50. But the complaint contains no averment that the testator was of unsound...
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Reports of Cases Argued and Determined in the Court of Chancery ..., Volume 2

Thomas Nesbitt McCarter - Equity - 1867 - 612 pages
...Was he capable of recollecting the property he was about to bequeath, the manner of distributing it, and the objects of his bounty? To sum up the whole...memory sufficiently sound to enable him to know and to understand the business in which he was engaged at the time when he executed his will?" Great stress...
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American Commercial Law: Relating to Every Kind of Business: with Full ...

Franklin Chamberlin - Commercial law - 1869 - 1004 pages
...Was he capable of recollecting the property he was about to bequeath, the manner of distribnting it, and the objects of his bounty ? To sum up the whole in its most intelligible form : were his mind and memory sufficiently sound to enable him to understand...
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Cases in the Circuit Court of the United States for the Third ..., Volume 3

John William Wallace, United States. Circuit Court (3rd Circuit) - Court rules - 1871 - 450 pages
...Was he capable of recollecting the property he was about to bequeath ; the manner of distributing it, and the objects of his bounty. To sum up the whole in the most simple and intelligent form: Were his mind and memory sufficiently sound to enable him to know and to understand...
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The American Reports: Containing All Decisions of General Interest ..., Volume 8

Isaac Grant Thompson - Law reports, digests, etc - 1873 - 802 pages
...was he capable of recollecting the property he was about to bequeath, the manner of distributing it, and the objects of his bounty? To sum up the whole....memory sufficiently sound to enable him to know and to understand the business in which he was engaged at the time he executed his will?" This view of...
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A Treatise on the Law Relating to the Execution and Revocation of Wills and ...

Richard Thomas Walkem - Executors and examinators - 1873 - 580 pages
...capable of recollecting '•'- the property he was about to bequeath ; the manner of distributing it ; and the objects of his bounty ? To sum up the whole...memory sufficiently sound to enable him to know and to understand the business in which he was engaged at the time he executed his will ?" (s) This view...
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The Central Law Journal, Volume 91

Law - 1920 - 516 pages
...Testamentary Capacity. — One possesses "testamentary capacity" whose mind and memory are sound enough to enable him to know and understand the business In which he is engaged when he executed a will, notwithstanding failing memory and mental and physical powers from...
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The American Reports: Containing All Decisions of General ..., Volume 14

Isaac Grant Thompson - Law reports, digests, etc - 1875 - 866 pages
...of testamentary capacity can be stated to the jury is, whether the testator's mind and memory were sufficiently sound to enable him to know and understand the business in which he waa engaged at the time he executed the will ; and In determining the question the competency of the...
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