These are common terms we find when doing family research. This list is by no means all inclusive. If you have comments, a better definition, or additional terms, please contact me at the email below. David Hamby has given us some of the definitions. Most of the abbreviations came from the Bryan research list.
a.a.s.: died in the year of his/her age (anno aetitis suae) (86 years old and died in the year 86)
affinity: one's relationship to the spouse's relatives as opposed to the blood relationship of one's own relatives.
bond: marriage, indenture, guardian
d.s.p.: died without issue (decessit sine prole legitima)
d.s.p.l.: died without legitimate issue (decessit sine prole mascula supesita)
d.s.p.m.s.: died without surviving male issue (decessit sine prole mascula supersita)
d.s.p.s.: died without surviving issue (decessit sine prole supersita)
d.unm.: died unmarried
d.v.p.: died in the lifetime of his father (decessit vita patris)
d.v.m.: died in the lifetime of his mother (decessit vita matris)
Et al: other parties are involved, but not listed in the name of the case. There can be many other defendants. (et alia)
Ex P: sometimes used at the beginning of the name of a case, for example, Ex P Charles Smith. It is usually used to refer to a case that has been appealed as another way to designate that other parties are involved and multiple appeals have been filed. It can also be used when one party may want to remain anonymous and files a motion with the court. (Ex Parte)
Heirs at law: anyone who would legally be considered an heir to a deceased person
Inst: present month (instans)
Intestate: one who dies without a will
Liber: book or volume
Nepos: grandson
Nunc Nuncapative: will, an oral will, written by a witness
Ob: he/she died (obit)
Relict: widow or widower (relicta/relictus)
Right of Affinity: see Affinit
Sic: so or thus, exact copy as written
Testator: one who dies with a valid will
Testis: witnesses
Utl: late (ultimo)
Ux or vs: wife (uxor)
Viz: namely (videlicet)
Aide for Identifying Legal Terms Found in Genealogical Research
Program
presented by Paul Moore, Jr.President of the Calhoun County Historical &
Genealogical Society, Inc.on November 9, 2003
Note: These terms are only a few which can be found in documents encountered while conducting genealogical research. These are related to Mississippi; however, each state will have its own laws by which it abides. These are merely intended as a quick informal aide to help you understand a document you are researching and in no way are intended to be used in any other context.
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.
If you have questions, contributions, or problems with this site, email:
State Coordinator: Jeff Kemp
Asst. State Coordinator: Denise Wells
If you have questions or problems with this site, email the County Coordinator. Please to not ask for specfic research on your family. I am unable to do your personal research. I do not live in Mississippi and do not have access to additional records.