Note 92 — Chapter III

See 1 Jones Eq. (N. C.), 221. In 4 Johns. Ch., 441, a New York case in 1820, it was said by Chancellor Kent that the deaf and dumb were considered prima facie as insane, incapable of making a will and fit subjects for guardianship, by the civil law. The presumption was due, he said, to the fact that "want of hearing and speech exceedingly cramps the powers of the mind," but it was to be overcome by proof. In this case the presumption was overruled. The implication, however, never applied to the deaf not born so. At present there is no presumption in connection with wills, deeds, witnessing, or guardianship. See 3 Conn., 299; 27 Gratt. (Va.), 190; 6 Ga., 324; 3 Ired. (N. C.), 535. In the Missouri case, quoted above, it was said: "Presumption of idiocy does not seem to obtain in modern practice, at least not in the United States."