McElroy v. Lambert

I do not wish to commit myself to the principle that where it is shown that a person is merely “mentally and physically afflicted,” this is proof, as a matter of law, that he was incapable of forming an intent and making a contract. There are decisions to the effect that in order to render an old and feeble person incapable of contracting because of mental disability, he must be “entirely void of understanding.” Barlow v. Strange, 120 Ga. 1015 (48 S. E. 344); DeNieff v. Howell, 138 Ga. 248 (75 S. E. 202); Bryan v. Bryan, 139 Ga. 51 (76 S. E. 563). And that “weakness of mind not amounting to…