| A aver et tener | Usually found in old conveyances - to have and to hold. |
| Testate | One who has made a Will - who dies leaving a Will. |
| Intestate | One without a Will - one who dies without having made a Will |
| Administrator | A person who has authority by Court to administer an estate - [Assigned when someone has died that did NOT have a Will] - one to whom Letters of Administration have been issued by a Court. |
| Administratrix | A female administrator |
| Administrator De Bonis Non | Persons who are appointed by the Court to administer on the effects of a decedent. [If an administrator has died or is unable to fulfill the administrative duties, this is the substitute to finish fulfilling the obligation.] |
| Next Friend - Prochein Ami | Because an infant cannot legally sue in its own name - the action must be brought by his Prochein Ami - Next Friend, who will appear as the plaintiff in the infant's name. [Usually found when a "minor" is inheriting from an estate] |
| Letters of Administration | Documents issued by the probate court providing one has been appointed as Administrator. [An Administrator is named when a Will is NOT made.] |
| Letters Testamentary | The formal instrument of authority and appointment given to an executor by the probate court empowering a person to enter upon the discharge of the office as executor. [An executor is named when a Will is made.] |
| Administrator Com Testamento Annexo | With Will annexed - person appointed to administer deceased's estate after Executor named in Will refused to act or had predeceased the testator. [A substitute for an Executor.] |
| De Bonis Non Com Testamento Annexo | One who succeeds or replaces Administrator Com Testamento Annexo. Replaced when previous Com Testamento resigns or dies. |
| Executor | A person appointed by a testator (person with a Will) to carry out the directions and request in the Will - One charged by the Testator to carry out his or her wishes after death. |
| Executrix | A female who has been appointed by Will to execute a person's Will. |
| Administrator Ad Litem | Person appointed by the Court to proceed with a suit. |
| Foreign Will | Will of person not domiciled within the State at the time of death. [Example: A person from Tennessee with a Tennessee Will is now living in Mississippi. When the Will is presented to the MS court, it is considered a Foreign Will. Different Laws concerning this are made by different states. |
| Alia/Alias/Alias Dictus | Otherwise known as indicating one was called by one or other of two names. [Many examples are found in birth certificates when a child's name is listed one way and later the family calls the child by a different name.] |
| Et Al | And others - usually means a deed to several people. |
| Et Ux | And wife - usually means a deed to husband and wife. |
| Et Vir | And husband - usually means a deed to wife and husband. |
| Ancillary Administrator | Administration in state where decedent has property and which is other than were the decedent was domiciled. [Again, person living in Mississippi owned land in Alabama. An Ancillary Administrator would be used for the Alabama land.] |
| Apparent Heir | One whose right of inheritance is indefeasible, provided that person outlives the ancestor. |
| Riparian Rights | The rights of the owners of lands on the banks of water courses, relating to the water, its use, ownership of soil under the stream. [In Mississippi, found in occasions where someone needed to obtain water from a spring on a neighboring land. Now found a lot of times in western land, example: California/Colorado water questions.] |
| Attorney in Fact | A private attorney authorized by another to act in the person's place and stead, to do a particular act or to act in general - conferred by an instrument in writing known as a Power of Attorney. |
| Power of Attorney | The instrument conferring authority upon one to act as Attorney in
Fact.
[Limited Power of Attorney could be to sign a deed, General Power of Attorney would grant the individual the right to sign any and all documentation as if the assigned person was acting as the individual. Power of Attorney is a lifetime bequest - once the person to whom the Power of Attorney has been authorized to act for has died, the Power of Attorney has ended and the estate would then be handled by an Administrator or Executor.] |
| Feme | A woman |
| Femme covert | A married woman |
| Femme Sole | A single woman, or a widow who is now single. |
| Deed of Gift | A deed executed and delivered without consideration. [money be paid] |
| Deed of Release | Deed releasing property from the incumbrance of a mortgage upon payment or performance of the conditions. [In Mississippi, called a Cancellation Deed of Trust. In Texas, if mortgaged property to a bank has been paid in full, a Deed of Release is issued to show that the payment had been fulfilled.] |
| Deed of Trust | A mortgage - pledging land as collateral - to secure payment of a debt. |
| Quitclaim | A release or conveyance by Deed that is intend to convey any right the person may have in the property. [Usually found when an error has been made in a property description and parties are asked to acknowledge the error has been corrected.] |
| Sheriff's Deed | Deed executed by a Sheriff when the Sheriff sells or executes on land to satisfy a judgment. [In western lands, could be used to foreclose on a Deed of Trust. In Mississippi, could be used to settle a judgment on non-homestead exempt land.] |
| Special Warranty Deed | A clause of warranty inserted in a Deed of lands by which the grantor covenants for himself and his heirs to defend the title. |
| Warranty Deed | Deed containing a covenant of warranty - Warranty of title [You guarantee the title.] |
| True Bill | In criminal law - endorsement made by a grand jury upon a bill of indictment when they find it is sustained by the evidence laid before them. |
| Fee Simple | An estate limited absolutely to a man and his heirs and assigns forever without limitation or condition. [Same as a Warranty Deed and often terms are interchanged.] |
| Heirs at Law | One who, after the ancestor dies intestate, has a right to all lands, tenements and hereditaments - same as a general heir. |
| Fee Tail | An estate in which there is a fixed line of inheritable succession limited to the issue of the body of the grantee and in which the regular succession of heirs-at-law is cut off. [Is now outlawed, is not the same as a conditional bequest] |
| Dower | The provision which the law makes for a widow out of the lands or property of her husband, for her support and the nurture of her children - usually prescribed by statute. |
| Tax Deed | Conveyance given upon a sale of property made for non-payment of taxes - Deed given to a person who as purchased property at a tax sale of property for failure of owner to pay taxes. [In Mississippi, if failed to pay taxes for 3 consecutive years, then a Tax Deed can be issued by the clerk. Will be found in a lot of cases in the Depression years because cash money was just not available.] |
| Trust Deed | Deed placed in trust to secure payment of a mortgage. |
| Consanguinity siblings | kinship - blood relationship - from common ancestor. |
| Uterine siblings | born of the same mother |
| Half blood | A term denoting the degree of relationship which exists between those who have the same mother or same father, but not both parents, in common. |
| Whole blood | Kinship by descent from the same father and mother |
| Siblings Germane | close relationship |
| Orphan | Any person (but particularly a minor or infant) who has lost both (or one) of his or her parents. More particularly, a FATHERLESS child. |