sound and disposing mind and memory

sound and disposing mind and memory
Testamentary capacity. Such mind and memory as enables testator to know and understand business in which he is engaged at time of making will. Farmers' Union Bank of Henning v. Johnson, 27 Tenn.App. 342, 181 S.W.2d 369, 374.
See also capacity, and sound mind
@ sound health
In insurance law, means that the applicant has no grave impairment or serious disease, and is free from any ailment that seriously affects the general soundness and healthfulness of the system. A state of health unimpaired by any serious malady of which the person himself is conscious. National Life & Accident Ins. Co. v. Ware, 169 Okl. 618, 37 P.2d 905
@ sound judicial discretion
Discretion exercised on full and fair consideration of the facts presented to the judge by the well-known and established mode of procedure. Caldwell v. State, 164 Tenn. 325, 48 S.W.2d 1087, 1089.
Discretion exercised not arbitrarily or willfully but with regard to what is right and equitable under the circumstances. Cornwell v. Cornwell, 73 App.D.C. 233, 118 F.2d 396, 398
@ sound mind
The normal condition of the human mind, -that state in which its faculties of perception and judgment are ordinarily well developed, and not impaired by mania, insanity, or other mental disorder.
In the law of wills means that testator must have been able to understand and carry in mind, in a general way, nature and situation of his property, his relations to those having claim to his remembrance, and nature of his act. The "sound mind" necessary to execute a will means ability of testator to mentally understand in a general way nature and extent of property to be disposed of, and testator's relation to those who would naturally claim a substantial benefit from will, as well as general understanding of practical effect of will as executed. Skelton v. Davis, Fla.App., 133 So.2d 432, 435.
See also capacity
@ sound value
As used with reference to value of property within fire policy is the cash value of property, making an allowance for depreciation due to use at and immediately preceding the time of the fire. Reliance Ins. Co. v. Bowen, Tex.Civ.App., 54 S.W.2d 597, 598
@

Black's law dictionary. . 1990.

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  • sound and disposing mind and memory — n. Language often used in wills to mean the mental capacity necessary to create a will. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008 …   Law dictionary

  • sound and disposing mind and memory — A matter of the possession of sanity. Campbell v Campbell, 130 111 466, 22 NE 620. A testator is of sound and disposing mind and memory, if, at the time of making his will, he has sufficient mental capacity to be able to understand the act he is… …   Ballentine's law dictionary

  • disposing mind and memory — See: sound mind and memory Category: Wills, Trusts & Estates → Estates, Executors & Probate Court Category: Wills, Trusts & Estates → Wills Nolo’s Plain English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009 …   Law dictionary

  • disposing mind — A test of testamentary capacity, being a mind capable of knowing and understanding the disposition to be made of one s property by will and the persons upon whom bounty is to be bestowed, notwithstanding some element of mental unsoundness.… …   Ballentine's law dictionary

  • sound mind and memory — See sound and disposing mind and memory …   Ballentine's law dictionary

  • memory — The word as used in Blackstone and other ancient authorities, appeared to be synonymous with mind , whereas the word memory in modern times is used in a more restricted sense of recollection of past events rather than the general state of one s… …   Black's law dictionary

  • memory — The word as used in Blackstone and other ancient authorities, appeared to be synonymous with mind , whereas the word memory in modern times is used in a more restricted sense of recollection of past events rather than the general state of one s… …   Black's law dictionary

  • sound memory — See sound and disposing mind and memory; sound mind …   Ballentine's law dictionary

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