Definitions and General Terms Flashcards
A formal statement before an authorized officer by a person who has executed an instrument that such execution is his act and deed
Acknowledgment
A person appointed by the court to manage the estate of a deceased person who left no will.
Administrator
The person who makes and applies his signature to an affidavit.
Affiant
This is a signed statement, to be sworn to, by the maker thereof, before a notary public or other officer authorized to administer oaths. The venue, or county wherein the ___________ was sworn to should be accurately stated.
Affidavit
A serious statement made by persons who conscientiously decline taking an oath; it is equivalent to an oath and is just as binding; if a person has religious or conscientious doubt against taking an oath, the notary public should have the person make an __________.
Affirmation/Affirm
Department of State authentication attached to a notarized and county-certified document for possible international use.
Apostile
Attest
To witness the execution of a written instrument, at the request of the person who makes it, and subscribe the same as a witness.
Attestation Clause
That clause (e.g., at the end of a will) wherein the witnesses certify that the instrument has been executed before them, and the manner of the execution of the same.
Authentication (Notarial)
A certificate subjoined by a county clerk to any certificate of proof or acknowledgment or oath signed by a notary; this county clerk’s certificate authenticates or verifies the authority of the notary public to act as such. (See §133, Executive Law.)
Bill of Sale
A written instrument given to pass title of personal property from vendor to vendor.
Certified Copy
A copy of a public record signed and certified as a true copy by the public
official having custody of the original. A notary public has no authority to
issue certified copies. Notaries must not certify to the authenticity of legal
documents and other papers required to be filed with foreign consular
officers.
Chattel
Personal property, such as household goods or fixtures.
Chattel Paper
A writing or writings which evidence both an obligation to pay money and
a security interest in a lease or specific goods. The agreement which
creates or provides for the security interest is known as a security
agreement.
Codicil
An instrument made subsequent to a will and modifying it in some
respects.
Consideration
Anything of value given to induce entering into a contract; it may be
money, personal services, or even love and affection.
Contempt of Court
Behavior disrespectful of the authority of a court which disrupts the
execution of court orders
Contract
An agreement between competent parties to do or not to do certain things
for a legal consideration, whereby each party acquires a right to what the
other possesses.
Conveyance (Deed)
Every instrument, in writing, except a will, by which any estate or interest
in real property is created, transferred, assigned or surrendered.
Deponent
One who makes oath to a written statement. Technically, a person
subscribing a deposition but used interchangeably with “Affiant.”
Deposition
The testimony of a witness taken out of court or other hearing proceeding,
under oath or by affirmation, before a notary public or other person,
officer or commissioner before whom such testimony is authorized by law
to be taken, which is intended to be used at the trial or hearing.
Duress
Unlawful constraint exercised upon a person whereby he is forced to do
some act against his will.
Escrow
The placing of an instrument in the hands of a person as a depository who
on the happening of a designated event, is to deliver the instrument to a
third person. This agreement, once established, should be unalterable.
Executor
One named in a will to carry out the provisions of the will.
Ex Parte (From One Side Only)
A hearing or examination in the presence of, or on papers filed by, one
party and in the absence of the other.
