COLEGATE D. OWINGS' CASE. 393

eighty-fourth year of her age; and upon a short interview which I
had with her, after the commencement of this suit, it appeared that
her age was attended with at least its ordinary infirmities. Some
of the most skilful of the witnesses after a short visit, which they
made to her, say, that they observed in her mental powers a slower
comprehension and a diminished power of associating her ideas,
which is common to old age. Other witnesses represent her mind
as then in a state of absolute dotage; in a condition of fee-
bleness reduced much below that degree of power necessary
to a sensible disposition of her property. And the defendant
admits, that the plaintiff was then so enfeebled by age and its con-
sequent infirmities, that her mind was exposed to the exercise of
very undue influence by those about her. From the very nature
of this mental infirmity, it is evident, that its then existence is, in
itself, proof of its having commenced some time before. The
transition from soundness of mind to delirium, or lunacy, may be
very rapid or instantaneous; but dotage is a slow decay, the exter-
nal signs of which do not appear until after it has been going on
for some time. The proofs clearly establish the fact, that the
plaintiff is now in a state of dotage. But its perceivable com-
mencement has not been so well ascertained. Two of the wit-
nesses speak of its having been observable so much as about eight
years ago. It is certain, however, that her dotage commenced
some years before the institution of this suit. The proofs, in rela-
tion to the plaintiff's conduct, also exhibit some instances of the
milder forms of lunacy. The plaintiff's account of a hurt she had
lately sustained, ascribing it to her falling in a race she ran; the
particulars she related of her visit to Annapolis; and some other
circumstances, are evidences of that species of incongruous asso-
ciation and misguided direction of the mind so peculiarly charac-
teristic of lunacy. Such is the sum and substance of the testi-
mony so far as regards the general condition of the plaintiff's
mind.

In relation to the epoch of the execution of the deed of the
15th of June 1824, the proceedings and the proofs are more dis-
tinct and particular. It is stated and admitted, that the plaintiff
was subject to attacks of erysipelas, and was suffering under that
disorder when the instrument of writing, which is the special sub-
ject of this controversy, was executed. From good medical
authority we learn, that erysipelas is often preceded, or attended,
or succeeded by delirium; that it is apt to affect the brain; and

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