§ 53-2-21 - (Pre-1998 Probate Code) Correlation of capacity to contract with capacity to make a will; determination of amount of intellect necessary to constitute testamentary capacity
O.C.G.A. 53-2-21 (2010)
53-2-21. (Pre-1998 Probate Code) Correlation of capacity to contract with capacity to make a will; determination of amount of intellect necessary to constitute testamentary capacity
(a) An incapacity to contract may coexist with a capacity to make a will.
(b) The amount of intellect necessary to constitute testamentary capacity is that which is necessary to enable the testator to have a decided and rational desire regarding the disposition of his property. The testator's desire must be decided, as distinguished from the wavering, vacillating fancies of a distempered intellect, and rational, as distinguished from the ravings of a madman, the silly pratings of an idiot, the childish whims of imbecility, or the excited vagaries of a drunkard.