Legal terms found in wills and court records can be confusing. The following table give a short list of such terms and their definitions. A correct understanding of the language used can make wills and court records all the more valuable.
| Term | Definition |
|---|---|
| Administrator | One appointed by a court to settle an estate. |
| Assignation | Replacement of an executor or administrator by another person. |
| Bequeath | To give or hand down in a testament. |
| Bequest | A gift handed down in a testament. |
| Chattels | Movable personal property, livestock, slaves. |
| Curation | Guardianship of a child between 12 (girls) or 14 (boys) and 21. |
| Curator | A guardian of a child between 12 or 14 and 21. |
| Devise | Give real estate in a will. |
| Dower Rights | The right of the widow to a specified portion of the testator's estate during her lifetime or until her re-marriage. |
| Executor | One appointed to carry out the provisions of a will. |
| Executrix | A female executor, often the wife. |
| Goods | Movable inanimate personal property. |
| Holograph | Will hand-written by the testator. |
| Intestate | Having died without a will. |
| Inventory | An accounting of the real property and personalty left by the testator. |
| Letters of Administration (Admons) | A court order providing for the execution of a will in the absence of an executor, or of a valid will. |
| Non-cupative | A will made orally, not in writing. |
| Personalty | The goods and chattels a person can bequeath in a testament. |
| Probate | Approval of the will by the court. |
| Probate Court | A court that has the power to grant probate. |
| Real Estate | Land or buildings a person can devise in a will. |
| Relict | A widow or widower surviving the spouse. |
| Testator | The person who makes a will and testament. |
| Testament | A legal document giving personalty (goods and chattels). |
| Testamentary Bond | A bond posted by the executor or administrator guaranteeing faithful execution. |
| Tutor | Someone appointed to be a guardian for a very young child (under 12 or 14). |
| Will | A legal document giving real estate. |
| Witness | Someone who saw the will and testament signed, and swears to that in probate court. |
Chapman, Colin R. Sin, Sex and Probate: Ecclesiastical Courts, Officials & Records. Dursley, England: Lochin Publishing, 1997.
Harris, Maurine and Glen. Concise Genealogical Dictionary. Ancestry, 1989.
Morris, William, Ed. The Americal Heritage Dictionary of the English Language. New York: American Heritage Publishing Co., Inc. and Houghton Mifflin Company, 1971.
This file was last updated on 7/14/2004.
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