APPENDIX B

GLOSSARY

ABATE (MENT). To make less, destroy; a reduction of rent, interest, or an amount due; the reduction of a legacy when an estate is insufficient to pay all debts and legacies.

ABEYANCE. The condition of an estate when there is no one entitled to it at the present time.

ACCRUE. To grow to; to be added to, as the interest accrues on the principal.

ADJUDICATION. A decision or judgment.

AD LITEM. For the suit.

AFFINITY. Relationship acquired by marriage as distinguished from consanguinity. See Consanguinity.

ALIENATION. A transfer of the title to property by one person to another, by conveyance, as distinguished from inheritance; a devise of real property is regarded as alienation.

ANCILLARY. Letters testamentary or of administration for the pur.

poses of additional administration, where there are assets or property in some other county, state, or country, granted usually to the executor or administrator who has been appointed in the place of the principal administrator.

ANIMO REVOCANDI. With intent to revoke.

ANNUITY. A periodical payment of money, amounting to a fixed sum in each year, the moneys paid being either a gift or in consideration of a gross sum received.

ANNUL. To do away with; to make null or void.

ANTICIPATION. Doing a thing before its proper time, e.g., dealing with or distributing property, income, etc., before the time fixed by deed or will conveying the same.

APPRAISEMENT. A valuation of property.

APPRAISER. One who makes a valuation on property.

ASSESS. To ascertain the value of a man's property for taxation. ATTESTATION. The evidencing of any formal instrument by wit

nesses.

BENEFICIARY. A cestui que trust, one who has the profit, benefit, or advantage arising from a contract or a trust.

BEQUEATH. To give personal property by will, as distinguished from devise, which is to give real property by will.

BONA FIDE. In good faith; honestly.

CAPACITY. Legal ability to contract, to convey property, to sue and be sued, etc.

CAPITATION TAX. A tax paid by everyone in a community; a poll tax.
CAUSA MORTIS. In view of death; a gift made by one in view of
death, and revocable before death any time.
CESTUI QUE TRUST. See Beneficiary.

CHATTELS. Articles of personal property; movable goods; movable assets; also (for most purposes) any interest in land other than an estate for life or of inheritance.

CHOSES IN ACTION. An intangible right enforceable by action; a right to recover a sum of money or a thing from another person in a court of justice.

CITATIONS. A summons to appear before the court issuing the cita

tion in order to testify or give evidence in some particular case. CLOSE CORPORATION. One whose entire stock is held by those active in its management or by members of one family; one whose stock is not on the market.

CODE. A collection or making uniform of a number of laws. CODICIL. An addition or supplement to a will, executed with as great formality as the will itself.

COLLATERAL. Relationship by blood, not lineal.

COMMON LAW. English law as distinguished from foreign, civil, or canon law; that part of English law which does not depend on

statutes.

COMPOS MENTIS. Sound of mind or capable of doing acts. CONSANGUINITY. Relationship by blood; the relationship or connec

tion of persons descended from the same stock or common ancestor as distinguished from affinity. See Affinity.

CONTEMPT OF COURT. A disregard or wilful neglect of the order or authority of a court, such as refusing to appear when summoned by the court.

CONTINGENT. That which depends upon some happening or occurrence; doubtful, conditional.

CORPOREAL. A material thing.

CORPUS. The substance; the capital of a fund or estate as distin

guished from the income.

COVERTURE. The condition of a married woman.

CUM TESTAMENTO ANNEXO. With the will annexed.

CURTESY. The husband's estate in the wife's property after he death.

DE BONIS NON. An administrator de bonis non is one who takes charge of any property not executed or settled by a previous administrator whose place he is taking.

The order made by a court of equity.

DEMISE. A conveyance, either in fee or for life, or for years. DEPRECIATION. The reducing of the value of an article or thing. DESCENT. The hereditary devolution of real property either to a single heir at law or to the nearest relatives in the same degree, whether in a descending, ascending, or collateral line.

DEVISE. To give real property by will.

DISTRIBUTION. The proportionment of disposition of the personal estate of an intestate.

DONEE. One who receives a gift.

DONOR. One who gives a gift.

DOWER. The right of a wife after her husband's death in one-third of all the lands owned by her husband during the married state. EAR WITNESS. One who testifies as to what he himself heard. ENTAIL. A fee limited to the issue, or certain classes of issue, instead of descending to all the heirs.

EQUITABLE CONVERSION. A change in the nature of property, by

which, for certain purposes, real estate is considered as personal property and vice versa, and transmissible and descendible as such.

EQUITABLE ESTATE. A right or beneficial interest in land, the legal title to which is in another, and which can be enforced only in a court of equity.

EXECUTOR. One appointed by a testator in his will, to take charge of the settlement of his estate at the testator's death.

EXECUTION. The signing, sealing, acknowledging, and delivering with proper formalities, and in the presence of a proper number of witnesses, or officer, of a deed, will, or other instrument. EYE WITNESS One giving evidence as to something which he himself has seen.

FEE. An estate of inheritance divided into three kinds: (1) fee simple, an absolute estate of inheritance; (2) qualified or limited estates; and (3) fee tail, an inherited estate limited to one person and the heirs of his body.

FIDUCIARY. One who holds property in trust for another.

GOOD-WILL. The benefit acquired by a business beyond the value of its net tangible assets, in consequence of its having a body of regular customers and a general reputation.

GUARDIAN. One chosen or appointed to take charge of the estate and education of an orphan, ward, or minor.

HEARSAY EVIDENCE. The evidence of a witness which he obtained from another, in contradistinction to ear and eye witnesses. HEIR. One who succeeds by descent to an estate in land or would have succeeded had his ancestor died intestate.

HEREDITAMENTS. Every sort of inheritable property, such as corporeal, incorporeal, personal, and mixed.

HOLOGRAPHIC. A deed or will written entirely in the handwriting of the person making the deed or will.

IMMATERIAL EVIDENCE. Evidence which does not apply to the point at issue.

INALIENABLE. That which cannot be transferred.

INCOME. The gain which proceeds from property, labor, or business; it is applied particularly to individuals.

INCORPOREAL. That which is not material; intangible; unable to be handled, seen, or heard; invisible.

INQUEST. An investigation by the coroner as to the cause of the death of a person.

INTERPOLATE. To put in words in a completed or executed document. JOINT TENANCY. The owning by two or more persons of a piece of property; upon the death of one the share owned by him passes to the survivor.

JOINT WILL. One will executed by two persons, which is probated twice.

JURISDICTION. The power of a court to decide any action or matter; the district over which the power of a court extends.

KIN OR KINDRED. Persons who are related by blood.

LEGACY. A gift of personal property made by will.

LEGATEE. One who has a legacy left to him; the beneficiary of a gift. LIFE TENANT. One who has the right to certain property during his lifetime, or during the lifetime of another.

LINEAL DESCENDANTS. In a direct line from a common ancestor. LIS PENDENS. A suit or action that is pending..

LITIGANT. A person engaged in a lawsuit.

MANDATE. A judicial command; a charge or commission; a bailment of goods without reward (mandatum).

MANDATORY. Directory.

MUTUAL TESTAMENT. Wills made by two persons, each leaving his property to the other if that other survives.

NEXT OF KIN. Those related by blood who would take personal estate of one who dies intestate.

NON COMPOS MENTIS. Not of sound mind.

NUGATORY. That which has no force or authority.

NUNCUPATIVE. Made by word of mouth to someone else and afterwards written out.

OLEOGRAPHIC. See Holographic.

PENDENTE LITE. While the suit is pending.

PERPETUITY. The tying up or disposing of an estate so that it never becomes at the absolute disposal of any person or number of persons. This is against public policy and so the "rule against perpetuities" was generally adopted.

PER STIRPES. By families, thus: In a gift to A and the children of B, if they are to take per capita, each child will have a share equal to that of A, but if they are to take per stirpes A will take one-half and the other one-half will be divided among the children of B.

POLL TAX. See Capitation Tax.

POSTHUMOUS CHILD. One born after the death of the father. PROBATE. The proceeding by which a person's will or testament is established as such.

RENUNCIATION. A giving up, or declining; applying more particularly to an executor or administrator who declines or refuses to take such office.

RESIDUARY. Pertaining to the residue of an estate after settlement. REVERSIONARY INTEREST. That which is to be enjoyed at a future time, after the determination of an intermediate estate.