Morgan v. Bell

Jenkins, Justice.

1. “Every person may make a will, unless laboring under some legal disability arising either from a want of capacity or a want of perfect liberty of action.”1 Code, § 113-201. “An incapacity to contract may coexist with a capacity to make a will. The amount of intellect necessary to constitute testamentary capacity is that which is necessary to enable the party to have a decided and rational desire as to the disposition of his property. His desire must be decided, as distinguished from the wavering, vacillating fancies of a distempered intellect. It must be rational, as…