What is the testator’s mind and memory?
Nova Scotia, Canada
The following excerpt is from Jessie May Coleman (Estate), 2008 NSSC 396 (CanLII):
The applicant continues that the real question is whether the testator’s mind and memory were sufficiently sound to enable her to appreciate, per Field v. James, 1999 CarswellBC 1365 (BCSC) at 52, the nature of the property she was bequeathing, the manner of distributing it, and the objects of her bounty.
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