Legal Terms in Genealogy
Capias: that you take (person into custody) [writ of capias is a summons]
Ejectment: for recovery of land which establishes true ownership
Fieri facias: cause (it) to be done – a writ of execution to the court officer to levy and take the amount of the judgment from goods and chattels of debtor.
Trespass: unlawful interference with one’s person, property, or rights.
Trespass vi et armis (T.V.A.): trespass with force and arms
Detinue: recover specific chattels rightfully taken but wrongfully detained
Replevin: recover specific chattels unlawfully taken and/or detained
Lis pendens: Lists of pending equity cases
Manucaptor: in old practice, a surety for the appearance of a person under arrest, who is delivered out of custody into the hands of his bail.
Imparlance: a continuance
Testate: died leaving a will
Intestate: died without leaving a will
Devise: Real property
Bequeath: personal property
Heir at Law: those who inherit when a person dies intestate, under laws of descent.
Exeutor: Names in a will to handle the estate
Administrator: appointed by court in an intestate proceeding
Administration cta (cum testo annexo) (with the will annexed): to handle the estate under terms of will (for instance, if executor refused to qualify, etc)
Administration de bonis non: to handle the remainder of the estate
Holographic Will: Entirely written, dated and signed in testator’s own handwriting
Nuncupative Will: Oral will (usually cannot leave real property, must be reduced to writing within a specific time period; must be before sufficient witnesses wich varies; usually only for last illness, ward time, accident; etc.)
Moiety: ½ or 1/3 of anything (sometimes used as an equal part)
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