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Legal Terms in Old Land Records


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VOCABULARY used in LAND RECORDS

Originally published in THE APPLELAND BULLETIN Vol. 8 Spring 1980 #3
Published Quarterly by THE GENEALOGICAL SOCIETY OF NORTH WASHINGTON, P. 0. Box 613, Wenatchee, Washington 98801;

Republished in the Sun City Genealogist, Vol 1, No. 3

Transcribed for Genealogy Trails by K. Torp

Appurtenances

- Rights or privileges, or minor property incidental to principal property.

Articles of Agreement

- Contract between parties.

Assign

- Transfer of certain rights or interests in property (verb).

Assignment

- Transfer of certain rights or interests in property (noun).

Chain

- 66 feet, or 4 rods (or perches).

Consideration

- Amount of money paid for property.

Conveyance

- Contract transferring ownership or title.

Deed

- Document transferring land from one person another.

Defendant

- Person against whom action is brought.

Description

- That part of a deed describing the boundaries of a tract of land.

Et al

- et alii - "and others"

Et ux

- et uxor - "and wife"

Fee simple

- Unqualified ownership of real estate.

Fee tail

- Estate limited in inheritance to a specified individual, group or class of heirs (not common in U.S.).

Grantee (or Warrantee)

- Person receiving or buying property.

Grantor (or Warrantor)

- Person conveying or selling property.

Hereditaments

- Property that can be inherited.

Indenture

- A deed.

Link

- 7.92 inches, or 1/100th of a chain.

Patent

- Grant of land by the state to an individual/s.

Patentee

- One who received the patent.

Perch

- 16.5 feet or one rod - linear measure, sometimes called a pole - 1 square rod=30.25 sq. yards, 160 sq. rods-1 acre.

Petition to Partition Real Estate

- Request to Court to value and divide real estate.

Plaintiff

- Person bringing Legal Action.

Public Domain Lands

- Lands given under grants of the U.S. in the west. Are described by range, township & section.

Quiet Title

- Action to clear title to real estate.

Quit Claim

- Transfer of rights to property.

Recital

- References in a deed to previous ownership.

Seized

- Legal possession of land.

Survey

- Drawing of a tract of land.

Warrant

- Authorization for a survey.

Warantee

- Person receiving the warrant.

 

LEGAL TERMS IN ESTATE RECORDS

Published in the Sun City Genealogist, Vol 1, No. 3

Transcribed here by K. Torp


VOCABULARY - ESTATE RECORDS

Abstract

Summary of contents of a will or deed.

Administrator

Person named in will to be a personal representative.

Administrator -cta

Person appointed by the Court to act as personal representative for a decadent who dies testate, but who did not name an executor in his will (cta - cum testamento annexo).

Administrator - dnbcta

Person appointed by the Court to act in case the executor or an original administrator had died or is unable to serve for some reason (dbnde bonus non)

Codicil

An addition or change to a will made at a later date.

Court of Chancery

Court of Equity (rather than a court based on common law.)

Decadent

Individual who has died.

Docket

Record of the court.

Executor

Person named in will to be personal representative.

Holographic Will

Will written by hand by the testator.

Intestate

Having made no will.

Legatee/Beneficiary

One named in will to inherit part of estate.

Letters Testamentary

Order of the Probate officer granting authority to an executor which permits him to act in settling an estate.

Letters of Administration

Order of the Probate officer granting authority to an administrator, which permits him to act in settling an estate.

Nuncupative Will

An oral will, not very common, sometimes used on battlefield.

Orphans Court

Title of the Court of Pennsylvania which has jurisdiction over estates. In other states it might be known as Probate Court. Surrogates Court, or by some other term. Orhpans Court Renunciation is a division of the Common Pleas Court.

Personal Representative

Executor or administrator in charge of settling an estate.

Probate

To prove. A will is probated, or proved to be what it says it is.

Renunciation

Giving up the right to serve as executor or administrator.

Testate

Having made a legally valid will before death.

Testator

Person who makes a will.

Witness

Person who saw the testator sign the will, and makes an affidavit to this.

 



 


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