237. Personal capacity to convey real estate Is, in general, the same as capacity to contract. The power to take and hold real estate is greater in some instances than the power to convey it.
Personal capacity in connection with power to take, hold, and convey real estate has already been mentioned in connection with the various subjects of which we have treated. In the main, however, the topics which have already been considered have been treated of only in connection with normal persons. Power to convey real property is, in general, the same as the power to make contracts.1 Disabilities connected with personal capacity are of two kinds,-natural, such as that of insanity, and legal, as in case of married women and corporations. Some disabilities, such as infancy, may be both natural and legal. The degree of disability varies in each case. It has already been said that some persons have power to hold land, but cannot convey it. For instance, persons under disability may take land by descent, though by reason of insanity or some other cause they might have no power to make a binding contract to sell it. Certain disabilities which arise from the relation of mortgagor and mortgagee, trustee and cestui que trust, have been treated of heretofore.2
1 See Clark, Cont 211. 2 Ante, pp. 182, 263.