LEGAL TERMS
Abbreviations used in genealogy http://www.rootsweb.com/~rigenweb/abbrev.html
Definitions of some words used in early VA documents (1700s & 1800s)
http://ftp.rootsweb.com/pub/usgenweb/special/earlywords.txt
Terms commonly found in wills and other documents
- ABSTRACT - Summary of important points of a given text, especially deeds and wills
- ACRE - See measurements
- ADMINISTRATION (of estate) - The collection, management and distribution of an estate by proper legal process
- ADMINISTRATOR (of estate) - Person appointed to manage or divide the estate of a deceased person
- ADMINISTRATRIX - A female administrator
- AFFIDAVIT - A statement in writing, sworn to before proper authority
- ALIEN - Foreigner
- AMERICAN REVOLUTION - U.S. war for independence from Great Britain 1775 -1783
- ANCESTOR - A person from whom you are descended; a forefather
- ANTE - Latin prefix meaning before, such as in ante-bellum South, "The South before the war"
- APPRENTICE - One who is bound by indentures or by legal agreement or by any means to serve another person for a certain time, with a view of learning an art or trade
- APPURTENANCE - That which belongs to something else such as a building,orchard, right of way, etc.
- ARCHIVES - Records of a government, organization, institution; the placewhere records are stored
- ATTEST - To affirm; to certify by signature or oath
- BANNS - Public announcement of intended marriage
- BENEFICIARY - One who receives benefit of trust or property
- BEQUEATH - To give personal property to a person in a will. Noun --bequest
- BOND - Written, signed, witnessed agreement requiring payment of a specified amount of money on or before a given date
- BOUNTY LAND WARRANT - A right to obtain land, specific number of acres of unallocated public land, granted for military service
- CENSUS - Official enumeration, listing or counting of citizens
- CERTIFIED COPY - A copy made and attested to by officers having charge of the original and authorized to give copies
- CHAIN - See measurements
- CHATTEL - Personal property which can include animate as well as inanimate properties
- CHRISTEN - To receive or initiate into the visible church by baptism; to name at baptism; to give a name to
- CIRCA - About, near, or approximate -- usually referring to a date.
- CIVIL WAR - War between the States; war between North and South, 1861-65
- CODICIL - Addition to a will
- COLLATERAL ANCESTOR - Belong to the same ancestral stock but not in direct line of descent; opposed to lineal such as aunts, uncles & cousins
- COMMON ANCESTOR - Ancestor shared by any two people
- CONFEDERATE - Pertaining to the Southern states which seceded from theU.S. in 1860 -1861, their government and their citizens
- CONSANGUINITY - Blood relationship
- CONSORT - Usually, a wife whose husband is living
- CONVEYANCE - See deed
- COUSIN - Relative descended from a common ancestor, but not a brother or sister
- DAUGHTER-IN-LAW - Wife of one's son
- DECEASED - Dead
- DECEDENT - A deceased person
- DECLARATION OF INTENTION - First paper, sworn to and filed in court, by an alien stating that he wants to become a citizen
- DEED - A document by which title in real property is transferred from one party to another
- DEPOSITION - A testifying or testimony taken down in writing under oath of affirmation in reply to interrogatories, before a competent officer to replace the oral testimony of a witness
- DEVISE - Gift of real property by will
- DEVISEE - One to whom real property (land) is given in a will
- DEVISOR - One who gives real property in a will
- DISSENTER - One who did not belong to the established church, especially the Church of England in the American colonies
- DISTRICT LAND OFFICE PLAT BOOK - Books or rather maps which show the location of the land patentee
- DISTRICT LAND OFFICE TRACT BOOK - Books which list individual entries by range and township
- DOUBLE DATING - A system of double dating used in England and America from 1582-1752, because it was not clear as to whether the year commenced January 1 or March 25
- DOWER - Legal right or share which a wife acquired by marriage in the real estate of her husband, allotted to her after his death for her lifetime
- EMIGRANT - One leaving a country and moving to another
- ENUMERATION - Listing or counting , such as a census
- EPITAPH - An inscription on or at a tomb or grave in memory of the one buried there
- ESCHEAT - The reversion of property to the state when there are no qualified heirs
- ESTATE - All property and debts belonging to a person
- ET AL - Latin for "and others"
- ET UX - Latin for "and wife"
- ET UXOR - And his wife. Sometimes written simply Et Ux
- EXECUTOR - One appointed in a will to carry out its provisions. Female = Executrix
- FATHER-IN-LAW - Father of one's spouse
- FEE - An estate of inheritance in land, being either fee simple or fee tail, An estate in land held of a feudal lord on condition of the performing of certain services
- FEE SIMPLE - An absolute ownership without restriction
- FEE TAIL - An estate of inheritance limited to lineal descendant heirs of a person to whom it was granted
- FRANKLIN, STATE OF - An area once known but never officially recognized and was under consideration from 1784 - 1788 from the western part of North Carolina
- FRATERNITY - Group of men (or women) sharing a common purpose or nterest
- FREE HOLD - An estate in fee simple, in fee tail, or for life
- FRIEND - Member of the Religious Society of Friends; a Quaker
- FURLONG - See measurements
- GAZETTEER - A geographical dictionary; a book giving names and descriptions of places usually in alphabetical order
- GENEALOGY - Study of family history and descent
- GENTLEMAN - A man well born
- GIVEN NAME - Name given to a person at birth or baptism, one's first and middle names
- GLEBE - Land belonging to a parish church
- GRANTEE - One who buys property or receives a grant
- GRANTOR - One who sells property or makes a grant
- GREAT-AUNT - Sister of one's grandparent
- GREAT-UNCLE - Brother of one's grandparent
- GUARDIAN - Person appointed to care for and manage property of a minor orphan or an adult incompetent of managing his own affairs
- HALF BROTHER/HALF SISTER - Child by another marriage of one's mother or father; the relationship of two people who have only one parent in common
- HEIRS - Those entitled by law or by the terms of a will to inherit property from another
- HOLOGRAPHIC WILL - One written entirely in the testator's own handwriting
- HOMESTEAD ACT - Law passed by Congress in 1862 allowing a head of a family to obtain title to 160 acres of public land after clearing and improving it for 5 years
- HUGUENOT - A French Protestant in the 16th and 17th centuries. One of the reformed or calvinistic communion who were driven by the thousands into exile in England, Holland, Germany and America
- ILLEGITIMATE - Born to a mother who was not married to the child's father
- IMMIGRANT - One moving into a country from another
- INDENTURE - Today it means a contract in 2 or more copies. Originally made in 2 parts by cutting or tearing a single sheet across the middle in a jagged line so the two parts may later be matched
- INDENTURED SERVANT - One who bound himself into service of another person for a specified number of years, often in return for transportation to this country
- INFANT - Any person not of full age; a minor
- INSTANT - Of or pertaining to the current month (Abbreviated inst.)
- INTESTATE - One who dies without a will or dying without a will
- INVENTORY - An account, catalog or schedule, made by an executor or administrator of all the goods and chattels and sometimes of the real estate of a deceased person
- ISSUE - Offspring; children; lineal descendants of a common ancestor
- LATE - Recently deceased
- LEASE - An agreement which creates a landlord - tenant situation
- LEGACY - Property or money left to someone in a will
- LEGISLATURE - Lawmaking branch of state or national government; elected group of lawmakers
- LIEN - A claim against property as security for payment of a debt
- LINEAGE - Ancestry; direct descent from a specific ancestor
- LINEAL - Consisting of or being in a direct line of ancestry or descendants; descended in a direct line
- LINK - See measurements
- LIS PENDENS - Pending court action; usually applies to land title claims
- LODGE - A chapter or meeting hall of a fraternal organization
- LOYALIST - Tory, an American colonist who supported the British side during the American Revolution
- MAIDEN NAME - A girl's last name or surname before she marries
- MANUSCRIPT - A composition written with the hand as an ancient book or a non-printed modern book or music
- MARRIAGE BOND - A financial guarantee that no impediment to the marriage existed, furnished by the intended bridegroom or by his friends
- MATERNAL - Related through one's mother, such as a Maternal grandmother being the mother's mother
- MEASUREMENTS
- Link - 7.92 inches
- Chain - 100 Links or 66 feet
- Furlong - 1000 Links or 660 feet
- Rod - 5 1/2 yds or 16 1/2 ft (also called a perch or pole)
- Rood - From 5 1/2 yards to 8 yards, depending on locality
- Acre - 43,560 square ft or 160 square rods
- MESSUAGE - A dwelling house
- METES & BOUNDS - Property described by natural boundaries, such as 3 notches in a white oak tree, etc
- MICROFICHE - Sheet of microfilm with greatly reduced images of pages of documents
- MICROFILM - Reproduction of documents on film at reduced size
- MIGRANT - Person who moves from place to place, usually in search of work
- MIGRATE - To move from one country or state or region to another. (Noun: migration)
- MILITIA - Citizens of a state who are not part of the national military forces but who can be called into military service in an emergency; a citizen army, apart from the regular military forces
- MINOR - One who is under legal age; not yet a legal adult.
- MISTER - In early times, a title of respect given only to those who held important civil officer or who were of gentle blood
- MOIETY - A half; an indefinite portion
- MORTALITY - Death; death rate
- MORTALITY SCHEDULES - Enumeration of persons who died during the year prior to June 1 of 1850, 1860, 1870, and 1880 in each state of the United States, conducted by the bureau of census
- MORTGAGE - A conditional transfer of title to real property as security for payment of a debt
- MOTHER-IN-LAW - Mother of one's spouse
- NAMESAKE - Person named after another person
- NECROLOGY - Listing or record of persons who have died recently
- NEE - Used to identify a woman's maiden name; born with the surname of
- NEPHEW - Son of one's brother or sister
- NIECE - Daughter of one's brother or sister
- NONCUPATIVE WILL - One declared or dictated by the testator, usually for persons in last sickness, sudden illness, or military
- ORPHAN - Child whose parents are dead; sometimes, a child who has lost one parent by death
- ORPHAN'S COURT - Orphans being recognized as wards of the states, provisions were made for them in special courts
- PASSENGER LIST - A ships list of passengers, usually referring to those ships arriving in the US or Canada, from Europe
- PATENT - Grant of land from a government to an individual
- PATERNAL - Related to one's father. Paternal grandmother is the father's mother
- PATRIOT - One who loves his country and supports its interests
- PEDIGREE - Family tree; ancestry
- PENSION - Money paid regularly to an individual, especially by a government as reward for military service during wartime or upon retirement from government service
- PENSIONER - One who receives a pension
- PERCH - See measurements
- POLE - See measurements
- POLL - List or record of persons, especially for taxing or voting
- POST - Prefix meaning after, as in post-war economy
- POSTERITY - Descendants; those who come after
- POWER OF ATTORNEY - When a person is unable to act for himself, he appoints another to act in his behalf
- PRE - Prefix meaning before, as in pre-war military build-up
- PRE-EMOTION RIGHTS - Right given by the federal government to citizens, to buy a quarter section of land or less
- PROBATE - Having to do with wills and the administration of estates
- PROGENITOR - A direct ancestor
- PROGENY - Descendants of a common ancestor; issue
- PROVED WILL - A will established as genuine by probate court
- PROVOST - A person appointed to superintend, or preside over something
- PROXIMO - In the following month, in the month after the present one
- PUBLIC DOMAIN - Land owned by the government
- QUAKER - Member of the Religious Society of Friends
- QUITCLAIM - A deed conveying the interest of the party at that time
- RECTOR - A clergyman; the ruler or governor of a country
- RELICT - Widow; surviving spouse when one has died, husband or wife
- REPUBLIC - Government in which supreme authority lies with the people or their elected representatives
- REVOLUTIONARY WAR - U.S. war for independence from Great Britain 1775 -1783
- ROD - See measurements
- ROOD - See measurements
- SHAKER - Member of a religious group formed in 1747 which practiced communal living and celibacy
- SIBLING - Person having one or both parents in common with another; a brother or sister
- SIC - Latin meaning thus; copied exactly as the original reads. Often suggests a mistake or surprise in the original
- SON-IN-LAW - Husband of one's daughter
- SPINSTER - A woman still unmarried; or one who spins
- SPONSOR - A bondsman; surety
- SPOUSE - Husband or wife
- STATUTE - Law
- STEP-BROTHER / STEP-SISTER - Child of one's step-father or step-mother
- STEP-CHILD - Child of one's husband or wife from a previous marriage
- STEP-FATHER - Husband of one's mother by a later marriage
- STEP-MOTHER - Wife of one's father by a later marriage
- SURNAME - Family name or last name
- TERRITORY - Area of land owned by a country, not a state or province,but having its own legislature and governor
- TESTAMENTARY - Pertaining to a will
- TESTATE - A person who dies leaving a valid will
- TESTATOR - A person who makes a valid will before his death
- TITHABLE - Taxable
- TITHE - Formerly, money due as a tax for support of the clergy or church
- TORY - Loyalist; one who supported the British side in the American Revolution
- TOWNSHIP - A division of U.S. public land that contained 36 sections, or 36 square miles. Also a subdivision of the county in many Northeastern and Midwestern states of the U.S.
- TRADITION - The handing down of statements, beliefs, legends, customs, genealogies, etc. from generation to generation, especially by word of mouth
- TRANSCRIBE - To make a copy in writing
- ULTIMO - In the month before this one
- UNION - The United States; also the North during the Civil War, the states which did not secede
- VERBATIM - Word for word; in the same words, verbally
- VTAL RECORDS - Records of birth, death, marriage or divorce
- VITAL STATISTICS - Data dealing with birth, death, marriage or divorce
- WAR BETWEEN THE STATES - U.S. Civil War, 1861 - 1865
- WARD - Chiefly the division of a city for election purposes
- WILL - Document declaring how a person wants his property divided after his death
- WITNESS - One who is present at a transaction, such as a sale of land or signing of a will, who can testify or affirm that it actually took place
- WPA HISTORICAL RECORDS SURVEY - A program undertaken by the US Government from 1935 - 1936, in which inventories were compiled of historical material
- YEOMAN - A servant, an attendant or subordinate official in a royal household; a subordinate of a sheriff; an independent farmer.
This page updated on February 1, 2009
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