ERIC KRAUSE

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SAMUEL SPARROW ~ 
18TH-CENTURY CAPE BRETON ISLAND 

MORE ABOUT 18TH-CENTURY SAMUEL SPARROW
(An Evolving Project - 2001 to Present)

By Eric Krause
(Krause House Info-Research Solutions)
http://www.krausehouse.ca/

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TRANSCRIBED DOCUMENTS 

APPENDIX TO THE TRANSCRIBED DOCUMENTS

LEGAL TERMS

ABSTRACT - Summary of important points of a given text, especially deeds and wills.
ACRE - See measurements.
ADMINISTRATION (of estate) - The collection, management and distribution of an estate by proper legal process.
ADMINISTRATOR (of estate) - Person appointed to manage or divide the estate of a deceased person.
ADMINISTRATRIX - A female administrator.
AFFIDAVIT - A statement in writing, sworn to before proper authority.
AMERCEMENT
- The infliction of a penalty or fine at the "mercy" of the inflicter (originally, one lighter than fixed fines). (i.e. An arbitrary fine) - The Oxford Universal Dictionary, Third Edition, 1955.
ANCESTOR - A person from whom you are descended; a forefather.
APPRENTICE - One who is bound by indentures or by legal agreement or by any means to serve another person for a certain time, with a view of learning an art or trade.
APPURTENANCE - That which belongs to something else such as a building, orchard, right of way, etc.
ATTEST - To affirm; to certify by signature or oath.


BANNS - Public announcement of intended marriage.
BENEFICIARY - One who receives benefit of trust or property.
BEQUEATH - To give personal property to a person in a will. Noun -- bequest.
BOND - Written, signed, witnessed agreement requiring payment of a specified amount of money on or before a given date.
BOUNTY LAND WARRANT - A right to obtain land, specific number of acres of unallocated public land, granted for military service.


CERTIFIED COPY - A copy made and attested to by officers having charge of
the original and authorized to give copies.
CHAIN - See measurements.
CHATTEL - Personal property which can include animate as well as inanimate properties.
CODICIL - Addition to a will.
CONVEYANCE - See deed.
DAUGHTER-IN-LAW - Wife of one's son.
DECEASED - Dead.
DECEDENT - A deceased person.
DEED - A document by which title in real property is transferred from one party to another.
DEPOSITION - A testifying or testimony taken down in writing under oath of affirmation in reply to interrogatories, before a competent officer to replace to oral testimony of a witness.
DEVISE - Gift of real property by will.
DEVISEE - One to whom real property (land) is given in a will.
DEVISOR - One who gives real property in a will.
DISTRICT LAND OFFICE PLAT BOOK - Books or rather maps which show the location of the land patentee.
DISTRICT LAND OFFICE TRACT BOOK - Books which list individual entries by range and township.
DOUBLE DATING - A system of double dating used in England and America from 1582-1752 because it was not clear as to whether the year commenced January 1 or March 25
DOWER - Legal right or share which a wife acquired by marriage in the real estate of her husband, allotted to her after his death for her lifetime.


ESCHEAT - The reversion of property to the state when there are no qualified heirs.
ESTATE - All property and debts belonging to a person.
ET AL - Latin for "and others".
ET UX - Latin for "and wife".
ET UXOR - And his wife. Sometimes written simply Et Ux.
EXECUTOR - One appointed in a will to carry out its provisions. Female = Executrix


FEE - An estate of inheritance in land, being either fee simple or fee tail. An estate in land held of a feudal lord on condition of the performing of certain services.
FEE SIMPLE - An absolute ownership without restriction.
FEE TAIL - An estate of inheritance limited to lineal descendant heirs of a person to whom it was granted.
FREE HOLD - An estate in fee simple, in fee tail, or for life.
FURLONG - See measurements.


GLEBE - Land belonging to a parish church.
GRANTEE - One who buys property or receives a grant.
GRANTOR - One who sells property or makes a grant.


HEIRS - Those entitled by law or by the terms of a will to inherit property from another.
HEREDITAMENT
- Any property that can be inherited - The Oxford Universal Dictionary, Third Edition, 1955.
HOLOGRAPHIC WILL - One written entirely in the testator's own
handwriting.


INDENTURE - Today it means a contract in 2 or more copies. Originally made in 2 parts by cutting or tearing a single sheet across the middle in a jagged line so the two parts may later be matched.
INSTANT - Of or pertaining to the current month. (Abbreviated inst.)
INTESTATE - One who dies without a will or dying without a will.
INVENTORY - An account, catalog or schedule, made by an executor or administrator of all the goods and chattels and sometimes of the real estate of a deceased person.
ISSUE - Offspring; children; lineal descendants of a common ancestor.


LATE - Recently deceased.
LEASE - An agreement which creates a landlord - tenant situation.
LEGACY - Property or money left to someone in a will
LIEN - A claim against property as security for payment of a debt.
LINEAGE - Ancestry; direct descent from a specific ancestor.
LINEAL - Consisting of or being in as direct line of ancestry or descendants; descended in a direct line.
LINK - See measurements.
LIS PENDENS - Pending court action; usually applies to land title claims.


MEASUREMENTS - Link - 7.92 inches; Chain - 100 Links or 66 feet; Furlong - 1000 Links or 660 feet; Rod - 5 1/2 yds or 16 1/2 ft (also called a perch or pole); Rood - From 5 1/2 yards to 8 yards, depending
on locality; Acre - 43,560 square ft or 160 square rods.
MESSUAGE - Originally, the portion of land intended for the site of a dwelling-house and its appurtenances. In modern legal use, a dwelling-house with its outbuildings and curtilage (piece of ground attached to a dwelling-house) and the adjacent land assigned to its use.  - The Oxford Universal Dictionary, Third Edition, 1955.
METES & BOUNDS - Property described by natural boundaries, such as 3 notches in a white oak tree, etc.
MOIETY - A half; an indefinite portion
MORTGAGE - A conditional transfer of title to real property as security for payment of a debt.


NONCUPATIVE WILL - One declared or dictated by the testator, usually for persons in last sickness, sudden illness, or military.


PATENT - Grant of land from a government to an individual.
PEPPERCORN RENT
- A nominal rent. A pepperberry is of no appreciable value, and given as rent is a simple acknowledgement that the tenement virtually belongs to the person by whom the peppercorn is given, though the freehold belongs to him who receives it. - Brewer's Dictionary Of Phrase And Fable, 6th Edition, 1962.
PERCH - See measurements.
POLE - See measurements.
POST - Latin prefix meaning after, as in post-war economy.
POWER OF ATTORNEY - When a person in unable to act for himself, he appoints another to act in his behalf.
PRAECIPE - This writ of praecipe is also called a writ of covenant, and is sued out by the party to whom lands are to be conveyed by fine; the foundation of which is a supposed agreement or covenant that the one shall convey the land to the other.
PRE - Latin prefix meaning before, as in pre-war military build-up.
PROBATE - Having to do with wills and the administration of estates.
PROGENITOR - A direct ancestor.
PROGENY - Descendants of a common ancestor; issue.
PROVED WILL - A will established as genuine by probate court.
PROVOST - A person appointed to superintend, or preside over something.
PROXIMO - In the following month, in the month after the present one.
PUBLIC DOMAIN - Land owned by the government.


QUITCLAIM - A deed conveying the interest of the party at that time.



REMAINDER & REMAINDERS
- The residual or further interest remaining over from an estate, coming into effect when this has determined (come to an end), and created by the same conveyance by which the estate was granted.  - The Oxford Universal Dictionary, Third Edition, 1955.
REVERSION & REVERSIONS - That part of an estate which remains undisposed of after the determination of that particular estate, and falls into the possession of the original grantor  - The Oxford Universal Dictionary, Third Edition, 1955.
ROD - See measurements.
ROOD - See measurements.

SIBLING - Person having one or both parents in common with another; a brother or sister.
SIC - Latin meaning thus; copied exactly as the original reads. Often
suggests a mistake or surprise in the original.
SPONSOR - A bondsman; surety.
STATUTE - Law.


TESTAMENTARY - Pertaining to a will.
TESTATE - A person who dies leaving a valid will.
TESTATOR - A person who makes a valid will before his death.
TITHABLE - Taxable.
TITHE - Formerly, money due as a tax for support of the clergy or church.
TRADITION - The handing down of statements, beliefs, legends, customs, genealogies, etc. from generation to generation, especially by word of mouth.
TRANSCRIBE - To make a copy in writing.
ULTIMO - In the month before this one.


VERBATIM - Word for word; in the same words, verbally.
VITAL RECORDS - Records of birth, death, marriage or divorce.
VITAL STATISTICS - Data dealing with birth, death, marriage or divorce.


WILL - Document declaring how a person wants his property divided after his death.
WITNESS - One who is present at a transaction, such as a sale of land or signing of a will, who can testify or affirm that it actually took place.


YEOMAN - A servant, an attendant or subordinate official in a royal household; a subordinate of a sheriff; an independent farmer.

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