The Parish will case before the Surrogate of the City of New York

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1857 - 600 pàgines
 

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Pàgina 280 - Ecstasy ! My pulse, as yours, doth temperately keep time, And makes as healthful music : it is not madness That I have uttered : bring me to the test, And I the matter will re- word ; which madness Would gambol from.
Pàgina 345 - Their Lordships are of opinion that, in order to constitute a sound disposing mind, a testator must not only be able to understand that he is by his will giving the whole of his property to one object of his regard, but he must also have capacity to comprehend the extent of his property, and the nature of the claims of others, whom by his will he is excluding from all participation in that property...
Pàgina 346 - For by law it is not sufficient that the testator be of memory when he makes his will to answer familiar and usual questions, but he ought to have a disposing memory, so that he is able to make a disposition of his lands with understanding and reason, and that is such a memory as the law calls sane and perfect memory.
Pàgina 345 - Baker knew, when he executed this will, that he was giving all his property to his wife, and excluding all his other relations from any share in it, but whether he was at that time capable of recollecting who those relations were, of understanding their respective claims upon his regard and bounty, and of deliberately forming an intelligent purpose of excluding them from any share of his property.
Pàgina 347 - ... testamentary incapacity does not necessarily pre-suppose the existence of insanity, in its technical sense. Weakness of intellect, whether arising from extreme old age...
Pàgina 258 - It is in these that all sensations take a distinct form, and leave lasting traces of their impression ; they serve as a seat to memory, a property by means of which the animal is furnished with materials for his judgments. When the membranes of the brain are in a state of inflammation, disturbance of the mental faculties is an invariable accompaniment, to an extent proportional to the degree of cerebral irritation, and more especially so when the inflammation is seated in the pia mater)
Pàgina 266 - ... upon which the more or less perfect action of the brain depends, .which we shall have to consider in their place.* * The Physiologists of the present day generally leave off where Gall began ; they have refused to follow his method, and have ignored his discoveries. Sir Henry Holland says : " Still there is one important fact here, which seems to be attested by as much evidence as the subject admits of. In every instance where there exists any corresponding lesion or disease on each side of the...
Pàgina 398 - The broad view of its production appears to be this : the brain, like every other organ of the body, for the perfect performance of its functions, requires the perfect condition of its organization, and its freedom from all pathological states whatever. Consequently, the existence of any pathological state in the organ of the mind will interrupt the functions of that organ, and produce a greater or less amount of disease of mind — that is, of insanity.
Pàgina 113 - ... that Mr. Parish's intellect was never materially impaired, brought forward many particular instances in which it was claimed that he manifested undiminished intelligence. One or two of these may be mentioned. It was said by one witness : "Having been riding out of the city, he would take his watch out of his pocket, look at it, turn round and look at me, when I would ask him if he wished to return, if it was late or about his usual drive ; he would say ' yes,
Pàgina 328 - Epilepsy seldom continues for any length of time without destroying the natural soundness of the mind, rendering the patient listless and forgetful, indisposed and unable to think for himself, yielding without any will of his own to every outward influence, and finally sinking into hopeless fatuity, or becoming incurably maniacal.

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