Dictionary of Law
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sound mind and memory :: legal definition


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 and Related Law Terms ↓


Related Law Terms

abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers.
adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt
after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction
care :: n. in law, to be attentive, prudent and vigilant. ... she is involved. See also: careless
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer.
double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier.
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
holographic will :: n. a will entirely handwritten, dated and signed b ... lost in the desert. See also: will
incriminate :: v. to make a statement in which one admits that he ... d to information which would be so.
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
peer :: n. an equal. A "jury of one's peers," to which cri ... eria. See also: jury of one's peers
personal services :: n. in contract law, the talents of a person which ... his/her unique ability and product.
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
property damage :: n. injury to real or personal property through ano ... l value. See also: damages property
remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement
reputation :: n. a person's good name, honor or what the communi ... See also: defamation libel slander
will :: n. a written document which leaves the estate of t ... will and testament probate testator

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - S

said :: adj. a reference back to a thing that was previous ... automobile in a negligent manner."
sale :: n. transfer of something (and title to it) in retu ... contract forced sale sheriff's sale
salvage :: 1) v. to save goods. 2) n. payment to a person or ... which saves cargo from a shipwreck.
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
satisfaction :: n. receiving payment or performance of what is due ... n contract satisfaction of judgment
satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment
satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage
save harmless :: v. 1) also called hold harmless, to indemnify (pro ... . See also: hold harmless indemnify
savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market.
scienter :: n. Latin for "having knowledge." In criminal law, ... ents were lies and thus fraudulent.
scintilla :: n. Latin for "spark." Scintilla is commonly used i ... ark) upon which to base a judgment.
scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior
scrivener :: n. a person who writes a document for another, usu ... r practicing law without a license.
seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today.
sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict
sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny.
search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant
search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant
search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure
second degree murder :: n. a non-premeditated killing, resulting from an a ... t degree murder manslaughter murder