Had the President omitted the "not unmindful of my son" phrase, his son might have argued that his father had grown senile and forgotten that he had a son, meaning that he lacked testamentary capacity to sign a valid will. The "not unmindful" language was likely meant to show that the disinheritance was intentional. In US states (except Louisiana), parents are generally free to disinherit children. However, doing so often invites legal challenges from children. Judges and juries are often sympathetic to disinherited children arguing that their parents lacked mental capacity or were under undue influence when signing their wills.
|Courtesy Daily Illini Archives at http://idnc.library.illinois.edu/|
Published by Ian Holzhauer, Esq. of Nagle Obarski PC in Naperville, IL.
Note: The information above is not legal advice and is not the basis of an attorney-client relationship. If you need assistance, you can hire an attorney to assist you with your individual legal needs.