- 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 healthIn 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 discretionDiscretion 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 mindThe 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 valueAs 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. HENRY CAMPBELL BLACK, M. A.. 1990.