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One reference (Judicial and Satutory Definition of Words and Phrases, West Publishing Company) suggests that "disposing memory", occurring in the preamble to wills, indicates that the testator's memory, if not perfect, was good enough to enable him/her to recollect the property he/she was about to bequeath, the manner of distributing it, and the beneficiaries of his/her bequests.

Another reference (Law of Wills and Administration, by James Schouler) asserts that:

"A disposing memory is understood to be one which is capable of recalling

to the testator's own view all his estate and all the persons who

naturally and properly would partake under his disposition of it.

Mere decay or feebleness of memory, or absent-mindedness or for-

getfulness, ought not, then, to invalidate a will, unless amounting,

under our general rule, to a mental incapacity to collect the particulars

essential to a just testamentary disposition."

(References found on Google Books search)

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14y ago

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