Some terms found in wills

Administrator

man appointed by court to handle estate of intestate, or if no executor named in will, or if executor is under 21 or dead, mad or abroad.

At her own dispose,absolutely

she may sell, give away or leave by will.

Bond

promise to carry out will and produce inventory or pay named sum, twice value of estate as estimated.

Brother

often = stepbrother or brother-in-law.

Children

legitimate only, unless clearly stated.

Copyhold

perpetual tenancy under Lord of Manor. Can be sold or bequeathed but normally passes to eldest son. Reverts to Lord on intestacy with no male heirs.

Cousin

any relative other than brother, uncle, parent, etc. Often = nephew or niece.

Cousin german

first cousin.

Couverture

state of being married (for women only),without independent powers.

Dower

widow's entitlement to estate.

Dowry

sum given to daughter on marriage.

Executor/Executrix

man/woman appointed by testator to carry out provisions of will.

Father-in-law

often stepfather.

Fee simple

freehold, can be sold, not entailed or subject to reversions.

Fee tail, entail (tail male)

freehold held for life with reversion to named heirs (male)

Free bench

widow's share of copyhold estate.

Heirs of the body

legitimate children.

Heirs male

sons, grandsons or other males.

Heir

anyone inheriting or due to inherit property by will or remainder.

Heirs general, right heirs

male of female heirs able to inherit under common law.

Heirs and assigns

heirs or persons given rights over property (eg, under mortgage).

Intestacy

dying leaving property but no will.

Issue

children.

Jointure

provision made by will or settlement for wife/widow by husband.

Messuage

large house.

Mother

may mean stepmother.

"My terme (of yeares)"

the rest of my lease of property (unexpired).

Of the half blood

with one parent in common.

Own brother

one sharing the same father and mother.

Partial intestacy

incomplete will.

Probate

acceptance of a will as legally made by testator (before disposal of assets).

Put into hotchpot

include money advanced before death to a child in share out.

Relict

widow of the deceased.

Remainder, reversion

legacy which takes effect after some other event (eg, death of the previous holder of property) or in certain circumstances (eg, failure to pay money)

Tenant

holder not usually person paying rent.

Tenement

holding, residence (not a flat)

Testator, testatrix

man or woman making will.

Thirds

widow's share of whole.

"When he comes of age"

reaches 21 or other age at which legacy is payable.

RFM Revised 9/98