capacity is not the degree of prudence and foresight he manifests in the management of his affairs, for “the law does not assume to measure the different degrees of power of the human intellect, or to distinguish between them where the power of thought and reason exists,” but the question to be determined is whether or not he possesses sufficient ability to understand in a reasonable manner the nature and effect of his acts, or the business he is transacting.  “Although the mind of an individual may be to some extent impaired by age or disease, still, if he is capable of transacting his ordinary business, if he understands the nature of the business in which he is engaged and the effect of what he is doing and can exercise his will with reference thereto, his acts will be valid,” and he will not be adjudged to be of unsound mind and incapable of managing his business affairs.

[Sidenote:  Real estate sold.  Allowance to family.]

Whenever the sale of the real estate of such ward is necessary for his support or the support of his family or the payment of his debts, or will be for the interest of his estate or children, the guardian may sell the same under like proceedings as required by law to authorize the sale of real estate by the guardian of a minor.  The court shall, if necessary, set off to the wife and children under fifteen years of age, of the insane person or to either sufficient of his property of such kind as it shall deem appropriate to support them for twelve months from the time he was adjudged insane. [Sec.3467.]

[Sidenote:  Custody]

The priority of claim to the custody of any insane person, habitual drunkard, or spendthrift aforesaid, shall be: 

1.  The legally appointed guardian.

2.  The husband or wife.

3.  The parents.

4.  The children. [Sec.3470.]

CHAPTER VI.

APPRENTICING AND ADOPTION OF CHILDREN.

[Sidenote:  Minors.]

Any minor child may be bound to service until the attainment of the age of legal majority as hereinafter described. [Sec.3471.]

[Sidenote:  Indenture.]

Such binding must be by written indenture, specifying the age of the minor and the terms of agreement.  If the minor is more than twelve years of age and not a pauper, the indenture must be signed by him of his own free will. [Sec.3472.]

[Sidenote:  Consent of parent or guardian.]

A written consent must be appended to or endorsed upon such agreement, and signed by one of the following persons, to-wit: 

1.  By the father of the minor; but if he is dead or has abandoned his family, or is for any cause incapacitated from giving his assent, then

2.  By the mother; and if she be dead or unable, or incapacitated for giving such assent, then,

3.  By the guardian; and if there be no guardian, then by the clerk of the district court. [Sec.3473.]