Ashton signs a paper that he knows that the will is genuine; that it was executed by the old man when he was of sound and disposing mind and memory, and then Ashton can keep his cat.
He simply revokes all prior wills, states that he is of sound and disposing mind and memory, that he has no living relatives other than his wife, Minerva Shelton Hastings; that he therefore leaves all his property to her.
I James Bonner of the County of Beaufort and State of N Carolina Gentleman being weak in body but of Sound and disposing mind and memory, and Knowing that it appointed unto all once to die do make and ordain this my Last Will & Testament in manner and form following.
She did not realise the enormous difference recognised by the whole civilised world between thought and act, between disposing mind and inculpating deed.
Webster began, "'I, Benjamin Franklin Smith, a resident of Massachusetts, being of sound and disposing mind and memory, make, publish, and declare this to be my Last Will and Testament, and I hereby revoke any and all other wills and codicils I have made. "
This concept has also been called sound mind and memory or disposing mind and memory.
Lack of disposing mind and memory or Testamentary capacity claims are based on the testator's lack of mental capacity and are the most common types of testamentary challenges.
The affidavits signed by Drs. Flowe, Zadel, and Theishen were long and verbose, laden with opinions and redundancies that ran on for paragraphs and left not a scintilla of doubt that Troy was of sound and disposing mind and memory.
He died of smallpox, as is stated in his will dated 10 April 1777 "being sick and weak in body but of sound and disposing mind...The said John Line being blind by the small pox and thereby rendered incapable of writing his name as usual made his mark".