sound mind and memory

sound mind and memory
When making a will, the ability to understand in general what one owns, one's family relationships, and the meaning and effect of the will.
Category: Wills, Trusts & Estates → Estates, Executors & Probate Court
Category: Wills, Trusts & Estates → Wills

Nolo’s Plain-English Law Dictionary. . 2009.

sound mind and memory
n.
   having an understanding of one's actions and reasonable knowledge of one's family, possessions and surroundings. This is a phrase often included in the introductory paragraph of a will in which the testator (writer of the will) declares that he/she is "of sound mind and memory." The general test is whether the person making the will understood: a) the meaning and effect of the will, b) what the person owned (more or less), and c) the "natural objects of his/her bounty," meaning the immediate family and any other particularly close relatives or friends to whom he/she might leave things.
   See also: competent, incompetent, will

Law dictionary. . 2013.

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Look at other dictionaries:

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

  • mind and memory — A term of art much used by the legal profession. At common law, mind and memory are convertible terms on the reasoning that without memory there can be no mind, and the person would be the mere recipient of a succession of present sensations,… …   Ballentine's law dictionary

  • 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

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  • 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

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  • 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

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