Ab Inito  -  From the beginning.

Absolute Gift  -  A gift of property by will which carries complete control and possession of the property.

Acquittance  -  Discharge of one who has placed himself under a legal obligation.

Action  -  A law suit.

Ad Exhaeredationem  -  To disinherit.

Adjudication  -  Decision of the appropriate court regarding a disputed matter.

Ad Litem  -  For the purpose of the suit.

Admeasurement  -  Usually measuring off the widow 1/3 of her deceased husband's real property (land).

Administration  -  The management and disposal of an estate left by a person who died without leaving a valid will.

Administrator  -  An individual appointed by the court to settle the estate of a person dying without a valid will.   A woman so appointed is called the Administratrix.

Administrator Ad Litem  -  An individual appointed by the court to represent the deceased, who was a party to an action in equity or at law.

Administrator Cum Testamento Annexo  (Administrator with Will Annexed)  -  An individual appointed by the court to complete settlement of an estate in accordance with a will, when no executor was named by the will, or the executor named in the will refused or failed to qualify, was absent or dead  (Admin. C.T.A.).

Administrator Cum Testatamento Annexo De Bonis Non  (Administrator with Will Annexed as to Property not yet Distributed)  -  An individual appointed by the court to complete the settlement of an estate under the will, where a former executor or administrator with will annexed failed to complete the distribution.  (Admin. C.T.A.D.B.N.)

Administrator De Bonis Non  (Administrator of Property not yet Distributed)  -  An individual appointed by the court to complete the setlement of the estate of a person who died without a valid will, when the administrator formerly appointed failed to complete the distribution.  (Admin. D.B.N.)

Administrator De Son Tort  -  An individual charged with the duties and liabilities of an administrator, although not appointed one, because of his wrongdoing with respect to the estate's assets in his possession.

Administrator Durante Absentia  -  An administrator appointed by the court to substitute for an already named executor or administrator in their absence.

Administrator Pendente Lite  -  An individual appointed by the court to take possession and safeguard an estate during a suit over the alleged will of the decedent, or over the right of appointment of an executor or administrator, until the suit is settled and a permanent executor or administrator could be named.

Administration  -  The management and settlement of the estate of a decedent who left no will, failed to name an executor, or whose executor failed to qualify.  Under the supervision of the court the administrator qualified and was legally appointed.  They collected the assets of the decedent, paid debts and claims against the estate, and all court expenses, then distributed the remaining funds of the estate among those persons who were legally entitled to them.

Ad Valorem  -  According to value; i.e., ad valorem tax - tax amount is based on the value of the property being taxed.

Advancement  -  A gift by a parent to a child, prior to the parent's death, in anticipation of the inheritance of this property by the child at the parent's death.

Adverse Possession  -  The occupation of land against the rights of the land's owner.

Ae,  Aet,  Aetatis  -  Age or aged.

Affiant  -  The person making a statement, affidavit or deposition under oath.

Affidavit  -  The document sworn to and signed before a notary public or other court officer, containing a specific statement.

Affinity  -  The relationship by marriage between each of the couple, and the kin of the other.

After-Born Child  -  A child born after the signing of its parent's will.  This is not necessarily a posthumous child, one born after the death of a parent.

Agent  -  One person acting for another, under the latter's authority.  The agent acted on behalf, and under the control of the person naming him agent.  The agent did not have title to the property which was in his control.

Alias  -  A form of an assumed name or known by more than one name. 

Alien  -  Owing allegiance to another country or government;  foreign born.

Amendment  -  An addition, deletion or change of a legal document.

Ancestor  -  The person from whom one descends, either through their father or mother.  In law, used to name the person from whom an estate had descended.

Ante Nuptial Agreement  -  An agreement signed by a couple deciding how the property each owned at the time of their marriage would be used during their lifetimes, and divided at their deaths.

Ancillary Administration  -  When an individual died owning property in another state or county, other than where he resided, an ancillary administration was named in the 'foreign' state or county, to collect the deceased's assets, pay his debts there, and bring the remaining funds to his 'home' county to be added into the estate for its final division.

Annual Return  -  The yearly report made by an executor or administrator to the court, telling of actions taken, payments made, funds collected for the benefit of the estate during the preceding year.

Appraiser  -  A person appointed by the court to value the personal and real property of the deceased.  Usually three or five men were named for this job;  their report is found in the court records as the 'inventory and appraisement'.

Appraisement  -  A just and true valuation of personal property.

A Patre  -  From the father

Appurtenance  -  An item belonging to or attached to something else, and being passed along as part of the principal thing; e.g., the barn on a tract of land.

Appellant  -  One who appeals a court decision.

Arbitration  -  The hearing and determination of a controversy by a person or persons mutually agreed on by the contesting parties, or chosen by the court, or by someone under statutory authority.

Arbitrator  -  The person chosen to arbitrate in a controversy.

Assignee  -  The person receiving property in an assignment.

Assignment  -  The transfer in writing from one person to another of personal property.

Assignor  -  The person giving the property in an assignment.

Assumpsit  -  An express or implied promise, not under seal, by which one person undertakes to do some act or pay something to another.  1.  A common-law action for breach of such a promise or for breach of a contract.

Attest  -  To serve as a witness to a document.

Attorney in Fact  -  A person who has been given written authority by another to transact business for them as their agent.

Authenticated Copy  -  A reproduction of an original paper. made legally admissible as evidence by an act of an officer of the court.

A Vinculo Matrimoni  -  From the bond of marriage.  A term descriptive of a kind of divorce which completely dissolves the marriage contract.

Avus  -  Grandfather.

Award  -  An allowance by a judge or arbitrator, not a decree or judgment of the court.

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Bargain and sell  -  Probably a distortion of the term 'bargain sale':  A sale of property for less than its fair market value.

Barratry  -  The offense of exciting quarrels or lawsuit.

Bastard Eigne  -  When a man has a bastard son, afterwards marrying the mother, and by her has also a legitimate son, the older son is 'bastard eigne', the younger son is 'mulier puisne.'

Beneficiary  -  The person for whose benefit a trust is created.

Bequest  -  A gift by will of personal property (not land);  a legacy.

Bona fide  -  Done or given in good faith.

Bond  -  A written obligation by which the signer of the bond agrees to pay money either upon certain conditions, or absolutely.

Bounty  -  1. A reward given to induce men to enter government service;   2. A grant of land or money, often to an immigrant.

BP  -  Baptized.

BU  -  Buried.

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C, CA, or Circa  -  About,  approximately.

Canon  -  Ecclesiastical law;  Under civil law, the rules by which title of real property is traced are called 'canons of inheritance' and under common law 'canons of descent'.

Caveat  -  Beware, a warning.

Caption  -  The title of a pleading, deposition, or other legal paper, which shows the names of the parties to the case, the name of the court, case or docket number, and frequently date decided.

Caveator  -  Beware, a warning:  'do nothing till you hear from me!'.

Cemetery Reserve or Trust  -  A trust fund for the upkeep of a grave, burial plot, or cemetery.

Certified Copy  -  A copy of a document sighed and certified as a true copy, by the officer in whose custody the original document is preserved.

Cestui Que Trust  -  A trust where one person benefits from the trust, but the title of the trust is vested in another person.

Cestui Qui Vie  -  A person for whose life a grant is made; e.g., land might be granted to an individual for his lifetime, to revert thereafter to the grantor or the grantor's estate.

Chancery  -  A court with jurisdiction in equity.

Charter  -  A grant from a sovereign.

Chattle  -  A misspelling of Chattel:  Moveable or transferable property, especially personal property. 

Chr.  -  Christened.

Citation  -  A court order to appear at a date named, to perform a certain act, or to show cause why an act should not be done for him by others named.

Civil Law  -  The legal system inherited from the Romans.

Claims  -  The right of any debt, privilege, or other thing in the possession of another.

Coats  -  This is not a term in ordinary general court usage.  It may be something specific to a small locality. 

Codicil  -  An amendment or supplement to a will.

Cognati  -  The mother's relatives.

Cohabitation  -  The act of living together.

Collateral Heir  -  A person not in the direct line of descent of the person from whom they inherit real property (land).

Collusion  -  A secret agreement between two or more persons to defraud another of his rights, or obtain an unlawful objective.

Comitatus  -  A county.

Committee  -  A person who has been appointed by the court to manage the estate of a mentally incompetent person.

Common Law -  The legal system prevailing in the British colonies, which originated in England and was brought to America during the colonial period.

Compos Mentis  -  Of sound mind.

Complaint  -  A formal accusation or charge.

Conditional Gift  -  A gift of property subject to conditions specified in the deed or gift or will.

Consanguinity  -  This term refers to 'blood' kinship.

Conservator  -  A person legally invested with the power and duty of taking care of the property, and rights of another, who for some reason or status, defect of age, understanding, or self control, is considered by the court to be incapable of managing his own affairs  (conservator may be known as a tutor, curator, guardian or committee in some states and counties).

Consensus (Non Concubitus Facit Nuptias)  -  Consent, not cohabitation makes marriage.  A principal used to determine whether to annul a marriage.

Consideration  -  Something of value given by one person to another in exchange for the promise or act of the other party.

Constat de Persona  -  There is proof of the person.

Contest of a will  -  An attempt by legal process to prevent the probate of a will, or the distribution of property under terms of the will.

Conveyance  -  1.  The voluntary transfer of a right, title or of property;   2.  The transfer of a property right that does not pass by delivery of a thing or merely by agreement;   3.  The transfer of an interest in real property from one living person to another, by means of an instrument such as a deed;   4.  The document (usually a deed) by which such a transfer occurs;   5.  A Transfer of an interest in real or personal property, including an assignment, release, monetary payment, or the creation of a lien or encumbrance.

Coparcenaries  -  An estate held in common by two or more female heirs;  each having an equal share.

Corpus  -  Body;  the principal or capital of an estate, as distinguished from its income.

Corruption of Blood  -  The incapacity to inherit.  Derived from the English act of 'attainder', where the attainted person could neither inherit land or other property from his ancestor, nor retain those he already had inherited, or even transmit them by descent to any heir, because his blood was considered in law to be corrupted.  This concept was abolished in the reign of Queen Victoria, and is unknown in the U.S. (see the U.S. Constitution, Article 3, Section 3).

Court Order  -  A written direction of a court or judge, not included in a decree or judgment, and not establishing the rights of parties.

Court Trust  -  A trust derived under a will, which is under the immediate supervision of the court.

Covenant  -  A promise incorporated in a trust, indenture, or other formal document to perform certain acts, or to retain from performance of certain acts.

Coverture  -  The legal status of a married woman.

Crime  -  An act which produced a 'public wrong' and injured 'society.'

Cum Onere  -  With the burden;  subject to an encumbrance or charge.

Curator  -  See Guardian.

Curtesy  -  The husband's interest in the inherited property belonging to his deceased wife.  The husband had lifetime tenancy of her property, only if they had a child born of the marriage, living, and capable of inheriting the property at the father's death.  Should that child die without issue, the husband's right to curtesy was immediately terminated, and the wife's property was divided as specified by her will, or the trust agreement  (this right has now been largely abolished).

Curtilage  -  Ground adjacent to a house.

Custodian  -  A person whose duty it was to safeguard, hold, and account for property committed to their care.

Cy Pres  -  As nearly as may be.  A legal doctrine, where the decedent made a bequest for charitable purposes, which could not be carried out exactly.  The court could direct that the gift be used as nearly as possible, in the court's judgment, in conformity with the intent of the donor.

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De Avo  -  From the grandfather.

De Bene Esse  -  Conditionally.

De Donis  -  Of gifts.

De Facto  -  In fact.

De Jure  -  By right of law.

De Novo  -  Anew, or again.

De Son Tort  -  Of his own wrong;  having no authority to act.

Debenture  -  An obligation not secured by a specific lien on property.

Decedent  -  The deceased person.

Decree  -  The judgment of a court.

Dedimus Protestatem  -  We have given power.  In a writ of 'dedimus protestatem', more often called a 'writ of dedimus', the court empowers the person or persons named in the writ to perform actions, and report back to the court.  This is frequently used to take depositions of witnesses who are unable to appear, or who live far away from the court's jurisdiction.

Deed of Trust  -  A sealed document conveying property to a trustee, usually, but not necessarily real property (land).

Defeasance  -  A deed to defeat or invalidate another deed.

Defendant  -  A person against whom an action is taken

Demise  -  The conveyance of an estate by will or lease;   2.  The instrument by which such a conveyance is accomplished;   3.  The passing of property by descent or bequest;   4.  The death of a person or (figuratively) of a thing  (death ordered by a judge). 

Demurrer  -  A pleading stating that although the facts alleged in a complaint may be true, they are insufficient for the plaintiff to state a claim for relief and for the defendant to frame an answer   (Now usually termed a motion to dismiss).

Dependent  -  A person who is dependent for support on another person.

Deposition  -  The written testimony of a witness, given under oath, before a qualified officer, to be used in place of oral testimony of that witness at a trial or other hearing.

Devastavit  -  The wasting of an estate by an executor or administrator.

Devastavit Vel Non  -  A determination as to whether the paper offered is, or is not, the last will and testament of the decedent.

Devise  -  A gift of land and tenements, by will.

Devisee  -  The person receiving a gift of land and tenements.

Devisor  -  The person making a gift of land and tenements in their will.

Devolve  -  The transfer or transition of a right, liability, or title, from one person to another.

Dies  -  Day, sometimes the day of burial.

Distributee  -  The person entitled to share in the distribution of an intestate estate.

Distribution  -  The division of the estate of a person who died intestate.

Divest  -  To annul or take away a vested right.

Do or Ditto  -  The same.

Doarium  -  A widow's dower;  the widow's use and support during her lifetime only.

Domicile  -  The true home, to which whenever absent a person has the intention of returning.

Donatio Causa Mortis  -  A gift of personal property made before death, to be effective when the donor is dead.

Donation Inter Vivos  -  A gift of personal property from one living person to another, with the delivery of the property transferred before the death of a donor.

Donee  -  One who receives a gift.

Donor  -  One who gives a gift.

Dos Rationabilis  -  A reasonable dower.

Dotalitum  -  A widow's dower, from canon and feudal law.

Dowager  -  A widow who has received her dower.

Dower Election  -  The choice of the widow, made within a legally specified period, to take her dower right, or to take a child's share instead from her husband's estate.  Should she choose the child's share, she received clear title to the property.  It was hers to sell, mortgage, give, and devise.

Dower Right  -  The right of every widow to a life estate (lifetime use) of 1/3 of all the land owned by her husband at the time of his death.  The widow could live on the land, rent it, receive income from its rent and crop production, but could not give, sell, mortgage, or otherwise transfer this dower tract.  With her death, the dower tract returned to her husband's estate, and was divided by the terms of his will, if he made one, or otherwise by the laws on intestacy.

Droit D'Aubaine  -  The right to escheat land;  land went back to the issuing body (sovereign or state) when the land owner died without a will, or known kinsmen.

Ducas Tecum  -  That you bring also.  Applied to the property a woman brought with her at the time of her marriage.

Dum Sola  -  While unmarried.

Duplicem Valorem Maritagii  -  Double the value of the marriage (i.e., her share of the property).

Durante Minore Aetate  -  During the person's minority;  until they reached 21 years old.

Durante Viduiate  -  During her widowhood.

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Ejectment  -  The ejection of an owner or occupier from property.  2.  A legal action by which a person wrongfully ejected from property seeks to recover possession and damages. 

Election  -  The choice of alternative rights or courses, such as a widow's election to take her dower right.

Eminent Domain  -  The inherent power of the state over all private property within its borders.  It is established to appropriate all or any part of this private property for necessary public use, by making a reasonable compensatory payment.  Most often heard as 'the right of eminent domain.'

En Auter Droit  -  In another person's right.

En Ventre Sa Mere  -  In the mother's womb;  a child conceived, but not yet born.  Also called 'in esse.

Encumbrance  -  1.  A claim or liability that is attached to property or some other right and that may lessen its value, such as a lien or mortgage; any property right that is not an ownership interest;   2.  to hinder the case.

Enactment  -  The action of process of making into law;   2.  A statute. 

Endowment  -  The court action given the dower share to the widow.

Enfeoff  -  To transfer land.

English Common Law -  The legal system prevailing in the British colonies, which originated in England and was brought to America during the colonial period.

Eodem, Eodem Dies Et Loco  -  The same.  The same day and place (used to save a lot of writing).

Escheat  -  Reversion of property in a state where there are no devisees, heirs, or next of kin.  Originally this applied only to land, but today it is applied to all property, both real and personal, which must be turned over to the state seven years after the decedent's death.

Escrow  -  Conditional delivery of a deed to a third party.

Estate  -  The right, title or interest which one has in any property and also the property of a decedent.

Estoppel  -  A bar alleging or denying a fact because one's own previous action by which contrary information has been admitted, implied or determined.

Estrays  -  Cattle whose ownership is unknown.

Et  -  And (in Latin)

Et al.  -  And other persons.   2.  And elsewhere. 

Ex Assensu Partis  -  With the consent of the father.

Ex Contractu  -  By way of contract.

Ex Donatione Regis  -  By gift from the ruler (king, queen).

Ex Officio  -  By virtue of office.

Ex Parte Paterna  -  By the father's side.

Execution  -  Signing and publication of a will.  Also a writ listed to a sheriff or similar officer, requiring him to carry out a judgment of the court.

Executor, Executrix  -  One who performs or carries out some act.  2.  A person named by a testator to carry out the provisions of the testator’s will.  

Executor De Son Tort  -  One who without legal authority assumes control of the descendant's property as if he were the executor, and thereby makes himself responsible for that which came into his possession.

Executory Devise  -  Limitation within a will of a future contingent interest in lands.

Exemplified Copy  -  A copy or transcript.

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F.,  Fol.,  Folio  -  A page or group of pages carrying the same number.

Facio Ut Des  -  I do, that you may give.  A contract which occurs when a man agrees to perform anything for a price.

Facio Ut Facias  -  I do that you may do.  An agreement between two persons to swap jobs, or do any other positive act on both sides.

Facsimilie  -  An exact copy, made by a duplicating process.

Factum  -  A deed.

Fee Simple  -  An estate of inheritance without limitation.

Fee Tail  -  An estate limited to a person and heirs of their body.  In most states, any fee tail estates were abolished after the American Revolution by converting them into 'fee simple' estates, thus 'breaking the tail.'

Fee Tail  Female  -  If only to female descendants would inherit.

Fee Tail Male  -  If only to male descendants would inherit.

Feme  -  A woman or wife.

Feme Covert  -  A married woman.

Feme  Sole  -  An unmarried, adult woman.

Feoffment  -  A conveyance of land.

Fi., Fa., Fieri, Facias  -  That you cause to be made.  A writ of execution directed to the sheriff, to do the action specified therein.

Fiduciary  -  1. One who owes to another the duties of good faith, trust, confidence, and candor;   2. One who must exercise a high standard of care in managing another’s money or property.

Fortnight  -  14 days;  two weeks.

Freehold  -  An estate held in fee or life.

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Gazette  -  Originally it meant published in the 'London Gazette' which was England's legal organ.   Later 'gazette' came to be used as a synonym for the official county newspaper, which was not always published within the county.

Glebe  -  Land set aside for the use of the established church's minister for his support.

Gift Causa Mortis  -  A gift of personal property made in expectation of death, but effective only when the donor died.

Gift Inte Vivos  -  A gift of personal property from one living person to another.

Goods and Chattels  -  The phrase commonly used to describe any 'tangible property' or personal property in an estate, but not land.

Grantee  -  The person receiving real property by deed or grant.

Grantor  -  The person, or official body, transferring real property (land) by deed or conveyance.

Guardian  -  A person legally invested with the power and duty of taking care of the property, and rights of another, who for some reason or status, defect of age, understanding, or self control, is considered by the court to be incapable of managing his own affairs  (guardian may be known as a tutor, curator, conservator or committee in some states and counties).

Guardian Ad Litem  -  An individual appointed to represent a minor or incompetent in connection with court proceedings.

Guardian De Son Tort  -  A person not appointed by the court as guardian, but who took possession of a minor's or incompetent's property and managed it as if he were guardian, thus making himself liable to the court for his actions.

Guardian of the Person  -  A guardianship that was limited to taking physical custody of the incompetent and seeing to their care and support.

Guardian of the Property  -  A guardianship limited to taking care of the real and personal property of an incompetent.

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Habeas Corpus  -  Writ to bring a person before the court (for whatever reason).  A unit issued to bring a party before a court to present unlawful restraint.

Half-Blood  -  Children having one parent in common.

Head of a Family  -  The person who maintains a family, not necessarily the husband or father.

Hearsay  -  Common talk, rumor or gossip.

Heir  -  A person who inherited real property (land).

Heir of the body  -  An heir in the direct blood line of the decedent, such as a son to his father or mother.

Heir At Law  -  A person who inherited real property of a person.

Heir Loom  -  Chattel annexed to an inheritance.

Hereditament  -  Anything capable of being inherited.

Hi. S. Hie. Situs  -  Here is buried.

Holographic Will  -  A will written entirely in the handwriting of the decedent.

Hotchpot  -  The lumping together of all property in an estate for equality of division.

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Ibid., Ibidem  -  In the same place.

Idem Sonans  -  Sounding the same;  used where a name was misspelled.

Imprimis  -  First of all;  principally.

In Esse  -In being, in utero, an unborn baby.

In Extremis  -  In the last moments, just prior to death.

In Loco Parentis  -  In the place of the parent.  Usually one who is not legally appointed as guardian, but who takes the place of a child's parents.

Incompetent  -  A person who is legally incapable of managing his affairs because of mental, but not physical disabilities.

Inchoate  -  Partially completed or imperfectly formed;  just begun.

Indemnity  -  The protection or exemption from loss or damage.

Indenture  -  A mutual agreement made in writing between two or more persons, of which each received a copy.  This type of agreement was originally called 'indenture' because to prevent forgery, the parts were cut apart with a notched edge (dents with teeth), so that the two parts could be fitted together.  This technique can be seen in the cut edges of many colonial grants, to prevent fraudulent grants from being made.

Infant  -  A person who was not 21 years old, a minor.  Not necessarily a baby.

Inherit  -  To take possession as an heir upon the death of an ancestor.

Inst.  -  Instant, meaning this month; i.e., 'the 14th inst.' - happening on the fourteenth of the present month.

Intangible Property  -  Property which cannot be touched, such as a legally enforceable right.

Inter Vivos Trust  -  A trust created during the donor's lifetime.

Intestate  -  A person who dies without making a valid will.

Intestate Succession  -  The distribution of property of a person who died without leaving a valid will.

Issue  -  Children;  also all persons descended from a common ancestor.

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J.P., Justice of the Peace  -  In American law, a judicial officer having civil jurisdiction limited by statute in civil cases and criminal proceedings, prosecutions and commitment of offenders.

Judgment  -  A decision or sentence made by a court of law.

Jure Uxoris  -  In right of his wife, which allowed a married man to claim property devised to his wife.

Jus Accrescendi  -  The right of survivorship to inherit.

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Kin  -  A person of the same 'blood line';  member of the same family.

Kind  -  In phrase 'distribution in kind', the distribution was to be made in the property itself, not its cash value.

Kindred or Kinship  -  Persons of the same 'blood';  members of the same family.

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L., Lib., Liber  -  Book.

L.S.  -  Abbreviation for a common law seal.

Laches  -  Neglecting to do something at the proper time;  an undue delay in asserting a right or asking for a privilege.  Example: Delay in the widow electing to take her right to dower within the prescribed time.

Land Court  -  A court whose jurisdiction is limited to actions over real property (land).

Last Will  -  The will last executed by a person, thus the effective will.

Latent  -  Hidden and concealed, does not appear on the face of something.

Lease  -  A contract between landlord and tenant setting forth the rights and obligations of both.

Leasehold  -  The property held under the lease.

Legacy  -  A gift of personal property by will;  a bequest.

Legal Representative  -  One who takes the place of and represents the interests of another person;  an agent.

Legal Title  -  The title to property recognized by, and enforceable in a court of law.

Legatee  -  The person receiving personal property because of a will.

Legitimacy  -  Born in wedlock.

Lessor  -  The landlord.

Lessee  -  The tenant.

Letter of Attorney  -  A written document which shows the authority of an agent, who is known as an attorney-in-fact.  Also known as 'Power of Attorney'.

Letters of Administration  -  The written document by which an administrator is authorized by the court to take charge of the goods and chattels belonging to a person who died without a valid will.

Letters Cum Testamento Annexo (Letters with the Will Attached)  -   This phrase is used when a person has left a will, but no executor was named therein, or the one named was incapable or refused to serve as an executor.  (Letters C.T.A.)

Letters of Guardianship  -  The document by which a person is authorized by the court to manage the person, property, or person and property of a minor or incompetent, as their guardian.

Letters Testamentary  -  The authentic evidence that the will has been proven, that permission has been granted to the executor by the court to exercise the powers conferred by the testator by his will.

Levitical Degrees  -  Degrees of kinship within which persons are prohibited to marry.  Mentioned in most marriage laws.

Liberum Animum Testandi  -  Free will in making the bequest.

Lien  -  An encumbrance of real property, used to secure the payment of money.

Life Estate  -  This term refers to either an estate for the life of the life-tenant alone, or an estate for the life or lives of some other person or persons.  If the estate is for the life of a person other than the life tenant, it is known as an 'estate pur auter vie.'

Life Tenant  -  This term refers to one who has the use of an estate of real property for his own, or another person's lifetime.  The life tenant cannot mortgage, sell, devise, or otherwise encumber this estate.  The life tenant receives only its production.

Lineal Descendant  -  A person in the direct line of descent, such as a child or grandchild.

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M.G.  -  Minister of the Gospel.

M.M.  -  Monthly Meeting  (Quaker meeting).

Maritagium  -  Marriage.

Mesne Conveyance  -  The name of the court in South Carolina which maintains the records of transfer of real property (land).

Mesne Profits  -  The value of use and occupation of land during a period of a defendant's wrongful possession.

Metes and Bounds  -  Metes meaning the measurements, and bounds referring to the boundaries of the tract being described.

Militia District  -  A subdivision of a Georgia county, which originally contained at least 100 white males over the age of 20, who were liable for militia duty.  The term 'militia district' is still used in Georgia as voting districts.

Mineral Rights  -  The right or title to all or certain minerals which might be found on a specific tract of land.

Minor  -  A person under 21 years of age.

Minority  -  The state of being under 21 years of age.

Misnomer  -  A mistake in the name in a pleading, deed or another instrument.

Moiety  -  One of two approximately equal parts;  about 1/2 of something.

Mortmain  -  The unlawful taking of land by a corporation.

Mulier  -  Woman, widow, or wife;  a virgin;  a legitimate child.  The term is always used for a legitimate child, not a bastard.

Mulier Puisne  -  When a man has a bastard son, afterwards marrying the mother, and by her has also a legitimate son, the older son is 'bastard eigne', the younger son is 'mulier puisne.'

Mystic Will  -  Recognized only in Louisiana.  The testator wrote the will, enclosed it in an envelope, and told a Notary Public and three witnesses that the envelope contained the will.

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N.D.  -  No date, usually written in lower case letters.

N.P.  -  No place, usually written in lower case letters.

N.S. or New Style  -  The Gregorian Calendar from September 1752 after the correction, to the present day.

Natural Father  -  The father of an illegitimate child.

Natural Guardian  -  The parent of a minor.

Next Friend  -  One who in the absence of a guardian, undertakes to act for, and on behalf of a person under a legal disability (like a married woman seeking a divorce), asserting their rights against another and acting for that person's benefit.

Next of Kin  -  Nearest 'blood' relative.

Nomination  -  The proposal of a person for an office, position, or duty.  The testator nominates, but the court appoints the executor under the testator's will.

Non Compos Mentis  -  Not of sound mind.

Nubile  -  Age at which procreation is possible.

Nuncupative Will  -  An oral will made by the testator on his deathbed before a sufficient number of witnesses and afterward written down by them  (Nunc.)

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OB., Obit.  -  Died

Obituary  -  Report of death

Orphan's Court  -  Also called the 'Ordinary's Court', 'Probate Court' 'Surrogate's Court' or 'Prefect's Court' in some states.  The court having jurisdiction over wills, intestate estates, guardianships, and sometimes adoptions.

O.S. or Old Style  -  Referring to the calendar.  Old Style or the Julian Calendar prior to 1752 when the calendar was corrected.

OP.CIT  -  In the work cited

Ordinary  -  In Georgia, name called the present 'Judge of Probate'.

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Parceners  -  Females who are co-heirs in an estate.

Pari Passus  -  In an equal degree.

Parol  -  By word of mouth.

Partition  -  A division of property.

Pecuniary Legacy  -  A gift of money by will.

Pendente Lite  -  During the continuance of a suit at law or equity.

Per Capita  -  By the number of heads  (persons)

Per Stripes  -  By the stock or root;  blood relationship.

Per Testes  -  By witnesses.

Perpetuity  -  Of endless duration.

Posthumous Child (Heir)  -  A child born after the death of a parent, usually the father.

Pre-Nuptial Agreement  -  An agreement signed by a couple deciding how the property each owned at the time of their marriage would be used during their lifetimes, and divided at their deaths.

Precatory Words  -  A request made in a will asking, but not directing that a thing be done.

Pretermitted Child  -  A child to whom the parent's will leaves no share of the estate, without a provision in the will showing the testator's intent to omit the child.  This is frequently a child born after the will was drawn, a child born after the father's death, or a child erroneously believed by the parent to be dead, or one unintentionally omitted.  This 'pretermitted' child can bring suit to overturn the will, in order to claim their rightful share in the parent's estate.  Some states have laws that grant an omitted child the right to inherit a share of the testator's estate as though the testator had died intestate.

Prefect's Court  -  The court having jurisdiction over wills, intestate estates, guardianships, and sometimes adoptions.

Prima Facie  -  Evidence sufficient in law to raise a presumption of fact, or to establish the fact in question, unless rebutted.

Primogeniture  -  The first born child, or eldest surviving child.  Usually used to describe the status of the eldest son who stood to inherit the bulk of his father's estate.

Principal  -  1. A person who employs an agent to act for him;  a person primarily liable for an obligation.   2. The property of an estate other than the income (the capital).

Privies  -  Interested parties.

Probate  -  The process of proving a will.

Processioner  -  A person named by the court to join others in marking off a disputed land line.   The act of walking this land line in the presence of a representative of each of the adjoining land owners is called 'processioning.'

Prochenein Ami  (Next Friend)  -  A person who acts on behalf, and for the benefit of a minor, or mentally disabled person, or a married woman, to protect their interests, though not appointed as their guardian.

Pro Hac Vice  -  For this one particular occasion only.

Procreation  -  The begetting of children.

Proprinquity  -  The next of kin.

Propounder  -  One who takes proceedings for obtaining probate in solemn form of a will, or other testamentary paper.

Puberty  -  The age at which procreation is possible (male or female).

Pur Auter Vie  -  For the lifetime of another person.

Purchase  -  Any method for the acquisition of property, except by descent.

Putative  -  The reputed, but not necessarily true.  Commonly regarded as true.

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Quid Pro Quo  -  This for that, value for value.

Quitclaim Deed  -  A form of conveyance of real property whereby the grantor conveys and the grantee receives only whatever title the grantor had, but without warranty by the grantor that this title was good.

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R.I.P.,  Requiescat in Pace  -  May he/she rest in peace.

Real Estate Realty  -  The right, title or interest a person has in real property.

Receiver  -  A person appointed by the court to receive rents, issues, profit from land or business, to manage a person's estate, or to perform other duties under the court's guidance pending the outcome of a suit.

Register of Wills  -  In some states, the officer before whom wills are offered for probate, and by whom letters testamentary or letters of administration are issued.

Remainder-Man  -  The person entitled to the remainder of an estate after the legacies have been paid.  Also called 'residual legatee' or 'residual devisee.'

Res Gestae  -  1. Transactions;   2. Things already done;  3. Essential circumstances.

Residium  -  What is left of a descendant's estate when all debts were paid, and legacies deducted.  Also called the 'Residue' of an estate.

Reversion  -  A future interest in land arising by operation of law whenever an estate owner grants to another a particular estate, such as a life estate or a term of years, but does not dispose of the entire interest.  In other words, the residue of an estate returns to the grantor, after the end of a particular estate.

Revocable  -  Something that can be recalled, or taken back.

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S.L.G., Sine Legit  -  Without legitimate issue.

S.P.  -  Without children.

S.P.S., Sine Prole Supersite  -  Without surviving children

Seal  -  An impression devise, sign or mark recognized by statute or judicial decision, as having the legal effect of a common law seal.  The letters 'L.S.' or a scroll made with a pen is a recognized seal, as is a seal of wax or gummed paper, or one embossed on the paper itself.

Sen 'Night  -  Seven nights, past or future stated.

Separate Property  -  The property which one person owns free from any rights or control of others.

Settlor  - A person who creates a trust which goes into operation during their lifetime.  Also called: 'donor', 'grantor', and 'trustor.'

Settlement  -   1.  The winding up and distribution of an estate by an executor or administrator.  2.  The property agreement between prospective bride and groom, parent and child, husband and wife.  The settlement frequently involves the creation of a trust.

Siblings  -  Children of the same parents.

Sic  -  Thus is it written;  transcribed with spelling, punctuation, etc., as found in the original.

Sine Die  -  Without day;  No date given.

Socage  -  English land tenure, where the tenant owed certain service in exchange for the land, to the landowner.

Sovereign  -  A monarch;  a king, queen, or other supreme ruler.

Statutory Will  -  The type of will we are most familiar with.  A statutory will was written by or for the testator, and then read and acknowledged before at least two or more witnesses.   The testator signed the will in presence of the witnesses, then they signed as witnesses to the testator's signature.  With the death of the testator, the will was brought into court for probate, and the original was retained by the court.  A copy of the will was entered into the will book, together with the testimony of the proving witnesses, before the inventory and appraisement of the estate could be ordered, or the executor qualified.

Subscribing Witness  -  One who saw a document signed, or heard the signature acknowledged by the signer;  the witness then signed their own name to the document as a witness.

Successive Beneficiaries  -  Persons who take portions of an estate, one after another in succession.  The inheritance of property by descent or transmission to the next in a succession, as from a parent to a child.

Sui Generis  -  Of his own race or kind.

Sui Juris  -  Of his own right, capable of making a contract.

Surety  or  Security  -  An individual who agrees to be responsible for the performance of some act in favor of another, in the event that the principal fails to perform the agreed upon act.

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Tenant  -  One who holds possession of real property he does not own.

Tenancy at sufferance  -  The tenant comes into possession of the land under lawful title or interest, and continues to hold the property even after his title interest is terminated.

Tenancy at Will  -  The tenant occupies the property at the will of the owner.

Tenancy by the Entirety  -  The tenancy of a husband and wife in such manner that except acting together with the other, neither husband or wife has a disposable interest in the land during the lifetime of the other.  Upon the death of either, the property passes to the survivor.

Tenancy in Common  -  Two or more persons holding property so that each has an undivided interest which upon one's death passes to their heirs, and not to the surviving tenant.

Testament  -  The last disposition of property by a testator in his will.

Testamentary Guardian  -  The guardian of a child appointed by the will, or a deed, of the child's father.

Testamentary Trust  -  A trust created by the will of the donor, to take effect after their death.

Testator  -  A man making a valid will.

Testatrix  -  A woman making a valid will.

Tithing  -  A district, usually for taxation, containing 10 families.

Tort  -  A private wrong, as opposed to a public wrong, which is a crime.

Trust  -  An estate held for another's benefit.

Tutor  -  Under civil law, a person legally appointed to care for the person and property of a minor child, the equivalent of a guardian.

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ULT. or ULTO.  -  Ultimo, meaning the past month; i.e., 'he died the 14th ult.' - the fourteenth of the past month.

Usufruct  -  The right of enjoying the property which is vested in another.

Ux., Uxor., Uxoris  -  Wife.

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V.D.M.  -  Minister of the word of God.

Vendee  -  The purchaser at a sale.

Vendor  -  The seller at a sale.

Vest  -  To confer immediate right, or future possession and enjoyment of property.

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Waiver  -  Voluntary relinquishment of a right, privilege or advantage.  Also refers to the document by which this relinquishment is evidenced.

Ward  -  A person who by reason of minority, mental incompetence, or other incapacity, is under the protection of the court, either directly, or through a guardian, committee, curator, conservator, or tutor.

Warrant of Appraisement  -  A writ directed to five disinterested persons, three of whom are empowered to act, to fairly judge and appraise the value of all personal and real property of the decedent, and to return their list, made under oath and signed, to the court.

Widow's Allowance  -  The allowance of personal property made by the court, or by statute to a widow for her immediate support after her husband's death.

Widow's Election  -  The choice to be made by a widow whether to take a child's share, or her dower right (1/3 of land) which she is entitled to by law, despite contrary provisions in her husband's will.

Widow's Years Support  -  A court action peculiar to Georgia, whereby the widow can avoid the cost of probate of her husband's estate.  At her request, appraisers are named to enumerate and value her husband's estate.  With their report in hand, the court can set aside the entire estate for the widow's 'year's support.'  'Year's' support records are not seen in the deed index, even though land may be included, but are found only in the 'widow's years support' books.  If there were minor children in the family, the estate is divided equally between the widow and the minor children.  If children were adults, they relinquish their claim to their father's estate in favor of their mother, and she takes the estate.  She becomes liable for any debts the estate owes, but there are no further court actions, annual returns, etc., to be found of record.

Will  -  A legally enforceable declaration of one person's wishes in writing, regarding matters to be attended to after his death, and inoperative until their death.  The will conveys only land and its improvements, not personal property which is disposed of in the 'testament.'

Writ  -  An order or mandate in writing and under the court's seal, issued in the name of the state, court or judicial officer, and commanding the person to whom it is addressed to do, or not to do some specified act.

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Y.M.  -  Quaker yearly meeting.

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