the solicitor came, and while giving him instructions, he appeared rational, and conducted with propriety. The court pronounced in favor of the deceased's testamentary capacity.1

§ 378. A year or two since, a lady ill with typhoid fever made her will, and her son-in-law requested Dr. Schnetter, of New York (whose patient she was, and who communicates the case), and the consulting physician, to witness its execution. The nature of the bequests so excited their suspicion, that they not only closely interrogated her as to her intentions, but read the will to her in English, German, and French, and conversed with her in these languages. By these means, being fully satisfied that the will expressed her intentions, and that she was of sound, disposing mind, they signed as subscribing witnesses. The patient recovered. About six months afterwards, Dr. Schnetter, in conversation with her, alluded to the will, and found that she knew nothing of it. He mentioned the circumstances, which seemed new to her. He then stated the contents of the will, whereupon she declared it contrary to her intentions; said she wished the property to go to her children, and not to her mother, as provided in the will. She then obtained the will and destroyed it.

§ 379. In cases where the validity of testamentary dispositions is impugned on the ground of mental incapacity produced by delirium, or indeed by any other disorder, it is the practice of the English ecclesiastical courts, not to confine their attention exclusively to the evidence directly relating to the mental condition of the testator, but to consider all the circumstances connected with the testamentary act; for the object is not so much to settle the question of soundness and unsoundness in general, as it is in reference to that particular act. This principle is — and it is one that is well grounded in the common experience of men — that a person may be capable of testamentary acts while technically and really unsound, and incapable of doing other acts requiring much 1 Evans r. Knight and Moore, 1 Addama, 229.

positions, and they ought, therefore, to receive no favor from courts. In cases of injury to the head, it is not uncommon for the patient — after rallying from its immediate effect — to answer questions rationally, to appear collected and intelligent, in short, to have fully recovered his senses, though ho may subsequently declare that he is utterly unconscious of what were his acts, thoughts, or feelings at that time. Few, even among medical men, who observe a person under Buch circumstance*, would have any hesitation in expressing their belief in his testamentary capacity, though the event would show that they had labored under a serious error.

pressed; it may affect the muscles of a single limb, the arm or leg, rendering them powerless; it may affect all the voluntary muscles on one side of the median line of the body, or those of the lower extremities only, the upper remaining unchanged, and vice versa. In the affected parts, sensation is generally blunted. The patient may also exhibit some impairment of intellect, varying from a little defect of memory to entire abolition of the mental faculties. After awhile all these various impairments may disappear, apparently. The cripple regains the use of his limbs; the organs of speech readily utter the thoughts; and the mind resumes its customary activity and strength.

§ 383. These affections originate in some pathological condition of tho brain. Thus far there can be no doubt, but beyond this our knowledge is very imperfect. After death from apoplexy, we may find extravasations of blood or serum in tho brain, or we may find in it scarcely any deviations from the normal state,—certainly none that could be regarded as an adequate cause of tho fatal result. After death from paralysis of some duration, the brain usually exhibits wellmarked lesions of some kind or other, but without any uniformity of character whatever. Two cases apparently similar during life may present nothing in common, in the pathological condition of the brain, as apparent to the senses. The reason is, no doubt, that the essential pathological change common to both is of too subtle a nature to be revealed by the ordinary methods, while the lesions actually presented are subsequent results, controlled by causes other than those which determine the character of the disorder.

§ 384. Paralytics often make wills or contracts which become the subject of litigation, their validity being contested on the ground of mental incompetence. It is a matter of much importance therefore, in a medico-legal point of view, to understand how tho mind is affected in paralytic affections. Of course, we are obliged, in regard to these as well as other