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Published byGrady Appley Modified over 10 years ago
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1. Understand what doing
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2. Comprehend effect of what doing.
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3. Know general nature and extent of property.
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4. Know natural objects of bounty.
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5. Achieve above four elements simultaneously.
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1. When = at time of will execution
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2. Effect of incapacity adjudication = rebuttable presumption of lack of capacity
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2. Sane person may lack capacity.
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3. Impact of aging process.
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4. Contract capacity compared.
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5. Client with Questionable Capacity
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6. Evidence Warren v. Harnett – p. 83 Lay testimony. Expert testimony. Evidence Rule 704.
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7. Reactions of fact finders
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