находится в здравом уме и твердой памяти

English translation: to be/is of sound mind and memory

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Russian term or phrase: находится в здравом уме и твердой памяти
English translation:to be/is of sound mind and memory
Entered by: maxomel

20:27 Oct 18, 2006
Russian to English translations [PRO]
Law/Patents - Law: Contract(s) / phrase
Russian term or phrase: находится в здравом уме и твердой памяти
to be in a sound mind and ???
maxomel
Local time: 09:01
to be/is of sound mind and memory
Explanation:
It's "to be of..." rather than "in".

See http://legal-dictionary.thefreedictionary.com/sound mind and...

sound mind and memory
n. having an understanding of one's actions and reasonable knowledge of one's family, possessions and surroundings. This is a phrase often included in the introductory paragraph of a will in which the testator (writer of the will) declares that he/she is "of sound mind and memory." The general test is whether the person making the will understood: a) the meaning and effect of the will, b) what the person owned (more or less), and c) the "natural objects of his/her bounty," meaning the immediate family and any other particularly close relatives or friends to whom he/she might leave things.
http://dictionary.law.com/default2.Asp?selected=1978&bold=||...

"in the opinion and belief of this deponent, of sound mind and memory, and not under any restraint; and that she was about 62 years of age;..."
http://boards.ancestry.com/mbexec?htx=message&r=rw&p=localit...
Selected response from:

Peter Shortall
United Kingdom
Grading comment
thank you
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +8to be/is of sound mind and memory
Peter Shortall
5being (is) of sound mind and disposing memory
Jack slep


  

Answers


4 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +8
находится в здравом уме и твердой памяти
to be/is of sound mind and memory


Explanation:
It's "to be of..." rather than "in".

See http://legal-dictionary.thefreedictionary.com/sound mind and...

sound mind and memory
n. having an understanding of one's actions and reasonable knowledge of one's family, possessions and surroundings. This is a phrase often included in the introductory paragraph of a will in which the testator (writer of the will) declares that he/she is "of sound mind and memory." The general test is whether the person making the will understood: a) the meaning and effect of the will, b) what the person owned (more or less), and c) the "natural objects of his/her bounty," meaning the immediate family and any other particularly close relatives or friends to whom he/she might leave things.
http://dictionary.law.com/default2.Asp?selected=1978&bold=||...

"in the opinion and belief of this deponent, of sound mind and memory, and not under any restraint; and that she was about 62 years of age;..."
http://boards.ancestry.com/mbexec?htx=message&r=rw&p=localit...

Peter Shortall
United Kingdom
Specializes in field
Native speaker of: English
PRO pts in category: 12
Grading comment
thank you

Peer comments on this answer (and responses from the answerer)
agree  Jack Doughty
38 mins
  -> Thanks

agree  Deborah Hoffman: How interesting - in the US it is usually "being of sound mind and body." Wonder if this says something about national priorities...:) Could also use "being of sound mind and memory," as in "I, John Smith, being of sound mind and memory, do hereby..."
1 hr
  -> Well they do say memory's the first thing to go... ;)

agree  Smantha
1 hr
  -> Thanks

agree  Simon Hollingsworth
2 hrs
  -> Thanks

agree  Dorene Cornwell
4 hrs
  -> Thanks

agree  Marina Aleyeva
5 hrs
  -> Thanks

agree  Andrey Rykov: No objections. How're you doing, pal?+Pretty well, but fall isn't a high season))
8 hrs
  -> Fine thanks, and you?

agree  Kirill Semenov: ah? where am I and who are these people around? Gimme a pen, I want to sign my last will... Do I know you?
19 hrs
  -> Yes, I'm your son - just sign on the dotted line please! :)
Login to enter a peer comment (or grade)

16 hrs   confidence: Answerer confidence 5/5
being (is) of sound mind and disposing memory


Explanation:
This is the usual phrasing in a will (I just made mine out again and that's what is says)

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Note added at 16 hrs (2006-10-19 13:20:32 GMT)
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Even Elvis used the phrase - see below! My boy's ALIVE!!!!

Proffit Historic District - On-line Resource Archive
The said G. A. Hughes testified that the time James Daniel Flannagan signed and acknowledged this paper that he was of sound mind and disposing memory. ...
www.vcdh.virginia.edu/afam/proffit/documents/court/wills.ht... - 24k - Cached - Similar pages - Filter

The Creek Documents 3
... as subscribing witnesses to the same, in the presence of said Testatrix, that said Testatrix was of sound mind and disposing memory, and in the opinion ...
homepages.rootsweb.com/~cmamcrk4/crkdox3.html - 12k - Cached - Similar pages - Filter

User talk:Electionworld - Wikipedia, the free encyclopedia
I, being of sound and disposing memory, fully support and endorse Electionworld in his tireless quest to cover elections worldwide. ...
en.wikipedia.org/wiki/User_talk:Electionworld - 13k - Cached - Similar pages - Filter

Last Will and Testament of Elvis A. Presley
... Elvis A. Presley, a resident and citizen of Shelby County, Tennessee, being of sound mind and disposing memory, do hereby make, publish and declare this ...
www.ibiblio.org/elvis/elvwill.html

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Note added at 1 day17 hrs (2006-10-20 14:22:53 GMT)
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Explanation of "disposing memory":
6. Wills -- testamentary capacity -- requirements. -- Every person of sound mind and disposing memory has the untrammeled right to dispose of his or her property by will as he or she pleases; this means that if the maker of a will has sufficient mental capacity to retain in her memory, without prompting, the extent and condition of her property and to comprehend how she is disposing of it, to whom, and upon what consideration, then she possesses sufficient mental capacity to execute the will; the relevant inquiry is not the mental capacity of the testator before or after a challenged will is signed, but rather the level of capacity at the time the will was signed.

Jack slep
Local time: 09:01
Native speaker of: English
PRO pts in category: 4
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