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St James Northam Parish Vestry Book, 1744-1850
Goochland county, Virginia
Abstracted by William Lindsay Hopkins
Iberian Publishing Company, Athens, GA
p 1. Vestry 21 Feb, 1744
Benjamin Cocke, Arthur Hopkins, John Smith, Josias Payne, Henry Martin, John
Payne, Robert Burton Jr, William Miller and Henry Wood take oath administered
by Benjamin Cocke and Arthur Hopkins, Justices.
John Payne elected Clerk of Vestry. William Randolph and Henry Wood are
elected and Henry Wood sworn as Churchwardens. Salery of the Readers at the
Churches be lesoned. Edmund Daniel appointed Reader at the Court House. John
Williams appointed Reader at the Lower Church. Parish of St James divided
into three parishes.
p 2. 22 February, 1744
Anthony Gavin late Clerk late Minister of St James Parish is disliked by Free
Holders and House Keepers of that parish which is now named St James' Northam.
Vestrymen will not receive, entertain or pay the said Anthony Gavin Clerk as
Minister of our said Parish.
Signed: Henry Wood, Churchwarden, Benjamin Cocke, Arthur Hopkins, Robert
Burton, William Miller, Josias Payne, John Smith, Henry Martin, John Payne,
Clerk and William Randolph, Churchwarden. John Payne, Clerk, Vestry.
p. 96. 4 February, 1766
John Hicks for Dieting (feeding) Hannah Coker for 12 months.
p. 98. 6 February, 1767
John Hix for keeping Hanna Cocker
p 107. 16 January, 1770
Hannah Coker
p. 112. 3 December, 1771
John HIx for keeping Hannah Coker
John Bolling resigned as vestryman
Amos Ladd for 2 Levys twice listed
p, 119. 22 December, 1772
John Hix for keeping Hannah Coker
p. 122. 19 November, 1773
Hannah Coker
p. 126. 20 December, 1774
Hannah Coker
p. 136. 19 May, 1777
line 6 John Moore Sexton at Beaverdam
line 11 Hannah Coker
line 22 Hannah Coker a further allowance
line 23 John Moore Sexton a further allowance
p. 145. 15 February, 1779
Hannah Coker
John Moore a Parishoner
p 155. 1 February, 1780
Hannah Coker
John Moore
p ?. 15 October, 1780
Mildred Coaker marries Ephraim Knight (see LDS records)
p. 156. 19 March, 1781.
Hannah Coker
John Moore
So who is this Hannah Coker. Is Mildred her daughter?
Stan Coker
My notes: The Church took responsibility for the care and welfare of orphans,
widows, elderly and ill. Hannah Coker may have been an elderly widow. John
Hix may have been kin, possibly a brother or son-in-law. The Amos Ladd
mentioned is the father of Noble Ladd Sr. The John Moore mentioned is likely
the John Moore who married Sarah Ladd, daughter of Amos Ladd and sister of
Noble Ladd. He is not the John Moore who's daughter, Judith, married Charles
Coker in Burke county, NC.
Extracted From:
A LAW DICTIONARY ..., SIXTH EDITION, 1856
by John Bouvier
CHILDS & PETERSON, PHILADELPHIA
TESTATUM, practice. The name of a writ which is issued by the court of one
county, to the sheriff of another county, in the same state, when the defendant
cannot be found in the county where the court is located; for example, after a
judgment has been obtained, and a ca. sa. has been issued, which has been
returned non est inventus, a testatum ca. sa. may be issued to the sheriff of
the county where the defendant is....
TESTATUM, conveyancing. That part of a deed which commences with the words "this
indenture witnesseth."
TESTE, practice. The teste of a writ is the concluding clause, commencing with
the word witness, &c.
TESTES. Witnesses.
TO TESTIFY. To give evidence according to law; the examination of a witness who
declares his knowledge of facts.
TESTIMONIAL PROOF, civ. law. This word is used in the same sense as we use parol
evidence, and, in contradistinction to literal proof, which is written evidence.
TESTIMONY, evidence. The statement made by a witness under oath or
affirmation....
TESTMOIGNE. This is an old and barbarous French word, signifying in the old
books, evidence....
Extracted From:
A LAW DICTIONARY ..., SIXTH EDITION, 1856
by John Bouvier
CHILDS & PETERSON, PHILADELPHIA
TEST. Something by which to ascertain the truth respecting another thing....
TESTACY. The state or condition of dying after making a will, which was valid at
the time of testator's death.
TESTAMENT, civil law. The appointment of an executor or testamentary heir,
according to the formalities prescribed by law....
At first there were only two sorts of testaments among the Romans that called
calatis comitiis, and another called in procinctu. (See below.) In the course of
time these two sorts of testament having become obsolete, a third form was
introduced, called per aes et libram, which was a fictitious sale of the
inheritance to the heir apparent. The inconveniences which were experienced from
these fictitious sales again changed the form of testaments; and the praetor
introduced another which required the seal of seven witnesses. The emperors
having increased the solemnity of those testaments, they were called written or
solemn testaments, to distinguish them from nuncupative testaments which could
be made without writing. Afterwards military testaments were introduced, in
favor of soldiers actually engaged in military service.
Among the civilians there are various kinds of testaments, the principal of
which are mentioned below.
A CIVIL TESTAMENT is one made according to all the forms prescribed by law,
in contradistinction to a MILITARY TESTAMENT, in making which some of the forms
may be dispensed with. Civil testaments are more ancient than military ones; the
former were in use during the time of Romulus, the latter were introduced during
the time of Coriolanus....
A COMMON TESTAMENT is one which is made jointly by several persons. Such
testaments are forbidden in Louisiana, ... and by the laws of France, ... in the
same words, namely, "A testament cannot be made by the same act, by two or more
persons, either for the benefit of a third person, or under the title of a
reciprocal or mutual disposition."
A TESTAMENT CALATIS COMITIIS, or made in the comitia, that is, the assembly
of the Roman people, was an ancient manner of making wills used in times of
peace among the Romans. The comitia met twice a year for this purpose. Those who
wished to make such testaments caused to be convoked the assembly of the people
by these words, calatis comitiis. None could make such will's that were not
entitled to be at the assemblies of the people. This form of testament was
repealed by the law of the Twelve Tables.
TESTAMENT AB IRATO, a term used in the civil law. A testament ab irato, is
one made in a gust of passion or hatred against the presumptive heir rather than
from a desire to benefit the devisee. When the facts of unreasonable anger are
proved, the will is annulled as unjust, and as not having been freely made....
A MYSTIC TESTAMENT is also called a SOLEMN TESTAMENT, because it requires
more formality than a nuncupative testament; it is a form of making a will,
which consists principally in enclosing it in an envelope and sealing it in the
presence of witnesses.
This kind of testament is used in Louisiana. The following are the provisions
of the civil code of that state on the subject, namely: the mystic or secret
testament, otherwise called the close testament, is made in the following
manner: the testator must, sign his dispositions, whether he has written them
himself, or has caused them to be written by another person. The paper
containing, those dispositions, or the paper serving as their envelope, must be
closed and sealed. The testator shall present it thus closed and sealed to the
notary and to witnesses, or he shall cause it to be and sealed in their
presence; then he shall declare to the notary, in the presence of the witnesses,
that that paper contains his testament written by himself, or by another by his
direction, and signed by him, the testator. The notary shall then draw up the
act of superscription, which shall be written on that paper, or on the sheet
that serves as its envelope, and that act shall be signed by the testator, and
by the notary and the witnesses.... All that is above prescribed shall be done
without interruption or turning aside to other acts; and in case the testator,
by reason of any hindrance that has happened since the signing of the testament,
cannot sign the act of superscription, mention shall be made of the declaration
made by him thereof; without its being necessary, in that case, to increase the
number of witnesses.... Those who know not how, or are not able to write, and
those who know not how, or are not able to sign their names, cannot make
dispositions in the form of the mystic will.... If any one of the witnesses to
the act of superscription knows not how to sign, express mention shall be made
thereof. In all cases the act must be signed by at least two witnesses....
NUNCUPATIVE TESTAMENT, a term used in the civil law. A nuncupative testament
was one made verbally, in the presence of seven witnesses; it was not necessary
that it should have been, in writing; ....
In Louisiana, testaments, whether nuncupative or mystic, must be drawn up in
writing, either by the testator himself, or by some other person under his
dictation.... The custom of making verbal statements, that is to say, resulting
from the mere deposition of witnesses, who were present when the testator made
known to them his will, without his having committed it, or caused it to be
committed to writing, is abrogated.... Nuncupative testaments may be made by
public act, or by act under private signature....
OLOGRAPHIC TESTAMENT, a term used in the civil law. The olographic testament
is that which is written wholly by the testator himself. In order to be valid,
it must be entirely written, dated, and signed by the hand of the testator. It
is subject to no other form....
TESTAMENTARY. Belonging to a testament; as a testamentary gift; a testamentary
guardian, or one appointed by will or testament; letters testamentary, or a
writing under seal given by an officer lawfully authorized, granting power to
one named as executor to execute a last will or testament.
TESTATE. One who dies having made a testament; a testator. This word is used in
this sense, in the act of the legislature of Pennsylvania, entitled "An act
relative to dower and for other purposes." ....
TESTATOR. One who has made a testament or will.
In general, all persons may be testators. But to this rule there are various
exceptions. First, persons who are deprived of understanding cannot make wills;
idiots, lunatics and infants, are among this class. Secondly, persons who have
understanding, but being under the power of others, cannot freely exercise their
will; and this the law presumes to be the case with a married woman, and,
therefore, she cannot make a will without the express consent of her husband to
the particular will. When a woman makes a will under some general agreement on
the part of the husband that she shall make a will, the instrument is not
properly a will, but a writing in the nature of a will or testament. Thirdly,
persons who are deprived of their free will cannot make a testament; as, a
person in duress....
TESTATRIX. A woman who makes a will or testament, is so called.
TESTE, practice. The teste of a writ is the concluding clause, commencing with
the word witness, &c....
TESTES. Witnesses.
TO TESTIFY. To give evidence according to law; the examination of a witness who
declares his knowledge of facts.
TESTIMONIAL PROOF, civ. law. This word is used in the same sense as we use parol
evidence, and, in contradistinction to literal proof, which is written evidence.
TESTIMONY, evidence. The statement made by a witness under oath or
affirmation....
TESTMOIGNE. This is an old and barbarous French word, signifying in the old
books, evidence....
Extracted From:
A LAW DICTIONARY ..., SIXTH EDITION, 1856
by John Bouvier
CHILDS & PETERSON, PHILADELPHIA
GUARDIANS, domestic relations. Guardians are divided into, guardians of the
person, in the civil law called tutors; and guardians of the estate, in the sam
law are known by the name of curators. For the distinction between them, vide
article Curatorship....
A GUARDIAN OF THE PERSON is one who has been lawfully invested with the care
of the person of an infant, whose father is dead.
The guardian must be properly appointed he must be capable of serving; he
must be appointed guardian of an infant; and after his appointment he must
perform the duties imposed on him by his office.
- 1st. In England, and in some of the states where the English law has been
adopted in this respect, as in Pennsylvania; ... power is given to the father to
appoint a testamentary guardian for his children, whether born or unborn.
According to Chancellor Kent, this statute has been adopted in the state of New
York, and probably throughout this country.... The statute of Connecticut,
however, is an exception; there the father cannot appoint a testamentary
guardian....
All other kinds of guardians, to be hereafter noticed, have been superseded
in practice by guardians appointed by courts having jurisdiction of such
matters. Courts of chancery, orphans courts, and courts of a similar character
having jurisdiction of testamentary matters in the several states, are,
generally, speaking, invested with the power of appointing guardians.
- 2d. The person appointed must be capable of performing the duties; an
idiot, therefore, cannot be appointed guardian.
- 3d. The person over whom a guardian is appointed, must be an infant; for
after the party has attained his full age, he is entitled to all his rights, if
of sound mind, and, if not, the person appointed to take care of him is called a
committee. (q. v.) No guardian of the person can be appointed over an infant
whose father is alive, unless the latter be non compos mentis, in which case one
may be appointed, as if the latter were dead.
- 4th. After his appointment, the guardian of the person is considered as
standing in the place of the father, and of course the relative powers and
duties of guardian and ward correspond, in a great measure, to those of parent
and child; in one prominent matter they are different. The father is entitled to
the services of his child, and is bound to support him; the guardian is not
entitled to the ward's services, and is not bound to maintain him out of his own
estate.
A GUARDIAN OF THE ESTATE is one who has been lawfully invested with the power
of taking care and managing the estate of an infant.... His appointment is made
in the same manner, as that of a guardian of a person. It is the duty of the
guardian to take reasonable and prudent care of the estate of the ward, and
manage it in the most advantageous manner; and when the guardianship shall
expire, to account with the ward for the administration of the estate.
Guardians have also been divided into guardians by nature; guardian's by
nurture; guardians in socage; testamentary guardians; statutory guardians; and
guardians ad litem.
- 1. GUARDIAN BY NATURE, is the father, and, on his death, the mother; this
guardianship extends only to the custody of the person; ... and continues till
the child shall acquire the age of twenty one years....
- 2. GUARDIAN BY NURTURE, occurs only when the infant is without any other
guardian, and the right belongs exclusively to the parents, first to the father,
and then to the mother. It extends only to the person, and determines, in males
and females, at the age of fourteen. This species of guardianship has become
obsolete.
- 3. GUARDIAN IN SOCAGE, has the custody of the infant's lands as well as his
person. The common law gave this guardianship to the next of blood to the child
to whom the inheritance could not possibly descend. This species of guardianship
has become obsolete, and does not perhaps exist in this country; for the
guardian must be a relation by blood who cannot possibly inherit, and such a
case can rarely exist....
- 4. TESTAMENTARY GUARDIANS; these are appointed under the stat. 12 Car. II.,
above mentioned; they supersede the claims of any other guardian, and extend to
the person, an real and personal estate of the child, and continue till the ward
arrives at full age.
- 5. Guardians appointed by the courts, by virtue of statutory authority. The
distinction of guardians by nature, and by socage, appear to have become
obsolete, and have been essentially superseded in practice by the appointment of
guardians by courts of chancery, orphans' courts, probate courts, and such other
courts as have jurisdiction to, make such appointments. Testamentary guardians
might, as those of this class, be considered as STATUTORY GUARDIANS, inasmuch as
their appointment is authorized by a statute.
- 6. GUARDIAN AD LITEM, is appointed for the infant to defend him in an
action brought against him. Every court, when an infant is sued in a civil
action, has power to appoint a guardian ad litem when he has no guardian, for as
the infant cannot appoint an attorney, he would be without assistance if such a
guardian were not appointed. The powers and duties of a guardian ad litem are
confined to the defence of the suit....
GUARDIANS OF THE POOR. The name given to officers whose duties are very similar
to those of overseers of the poor, (q. v.) that is, generally to relieve the
distresses of such poor persons who are unable to take care of themselves.
GUARDIANSHIP, persons. The power or protective authority given by law, and
imposed on an individual who is free and in the enjoyment of his rights, over
one whose weakness on account of his age, renders him unable to protect
himself....
Extracted From:
A LAW DICTIONARY ..., SIXTH EDITION, 1856
by John Bouvier
CHILDS & PETERSON, PHILADELPHIA
CURATE, eccl. law. One who represents the incumbent of a church, person, or
vicar, and takes care of the church, and performs divine service in his stead.
CURATOR, persons, contracts. One who has been legally appointed to take care of
the interests of one who, on account of his youth, or defect of his
understanding, or for some other cause, is unable to attend to them himself.
There are curators ad bona, of property, who administer the estate of a
minor, take care of his person, and intervene in all his contracts; curators ad
litem, of suits, who assist the minor in courts of justice, and act as curator
ad bona in cases where the interests of the curator are opposed to the interests
of the minor.... There are also curators of insane persons ... and of vacant
successions and absent heirs....
The term curator is usually employed in the civil law, for that of guardian.
CURATORSHIP, offices, contracts, in the civil law. The power given by authority
of law, to one or more persons, to administer the property of an individual who
is unable to take care of his own estate and affairs, either on account of his
absence without an authorized agent, or in consequence of his prodigality, or
want of mind....
Curatorship differs from tutorship, (q.v.) in this, that the latter is
instituted for the protection of property in the first place, and, secondly, of
the person; while the former is intended to protect, first, the person, and,
secondly, the property....
CURATRIX. A woman who has been appointed to the office of curator.
Extracted From:
A LAW DICTIONARY ..., SIXTH EDITION, 1856
by John Bouvier
CHILDS & PETERSON, PHILADELPHIA
CONVEYANCE, contracts. The transfer of the title to land by one or more persons
to another or others. By the term persons is here understood not only natural
persons but corporations. The instrument which conveys the property is also
called a conveyance.... The whole of a conveyance, when it consists of different
parts or instruments, must be taken together, and the several parts of it relate
back to the principal part; ... as a fine;... or a recovery.... When there is no
express agreement to the contrary, the expense of the conveyance falls upon the
purchaser; ... who must prepare and tender the conveyance but .... The expense
of the execution of the conveyance is, on the contrary, always borne by the
vendor....
CONVEYANCER. One who makes it his business to draw deeds of conveyance of lands
for others....
It is usual also for conveyancers to act as brokers for the seller. In these
cases the conveyancer should examine with scrupulous exactness into the title of
the lands which are conveyed by his agency, and, if this be good, to be very
cautious that the estate be, not encumbered. In cases of doubt he should
invariably propose to his employer to take the advice of his counsel.
Conveyancers also act as brokers for the loan of money on real estate,
Secured by mortgage. The same care should be observed in these cases.
DEED, conveyancing, contracts. A writing or instrument, under seal, containing
some contract or agreement, and which has been delivered by the parties.... This
applies to all instruments in writing, under seal, whether they relate to the
conveyance of lands, or to any other matter; a bond, a single bill, an agreement
in writing, or any other contract whatever, when reduced to writing, which
writing is sealed and delivered, is as much a deed as any conveyance of land....
Deed, in its more confined sense, signifies a writing, by which lands,
tenements, and hereditaments are conveyed, which writing is sealed and delivered
by the parties.
The formal parts of a deed for the conveyance of land are,
1st. THE PREMISES, which contains all that precedes the habendum, namely, the
date, the names and descriptions of the parties, the recitals, the
consideration, the receipt of the same, the grant, the full description of the
thing granted, and the exceptions, if any.
2d. THE HABENDUM, which states that estate or interest is granted by the deed
this is sometimes, done in the premises.
3d. THE TENENDUM. This was formerly used to express the tenure by which the
estate granted was to be held; but now that all freehold tenures have been
converted into socage, the tenendum is of no use and it is therefore joined to
the habendum, under the formula to have and to hold.
4th. THE REDENDUM is that part of the deed by which the grantor reserves
something to himself, out of the thing granted, as a rent, under the following
formula, Yielding and paying.
5th. THE CONDITIONS upon which the grant is made....
6th. THE WARRANTY, is that part by which the grantor warrants the title to
the grantee. This is general when the warrant is against all persons, or
special, when it is only against the grantor, his heirs, and those claiming
under him....
7th. THE COVENANTS, if any; these are inserted to oblige the parties or one
of them, to do something beneficial to, or to abstain from something, which, if
done, might be prejudicial to the other.
8th. THE CONCLUSION, which mentions the execution and the date, either
expressly, or by reference to the beginning.
The circumstances necessarily attendant upon a valid deed, are the following:
1. It must be written or printed on parchment or paper....
2. There must be sufficient parties.
3. A proper subject-matter which is the object of the grant.
4. A sufficient consideration.
5. An agreement properly set forth.
6. It must be read, if desired.
7. It must be signed and sealed.
8. It must be delivered.
9. And attested by witnesses.
10. It should be properly acknowledged before a competent officer.
It ought to be recorded.
A deed may be avoided,
1. By alterations made in it subsequent to its execution, when made by the
party himself, whether they be material or immaterial, and by any material
alteration, made even by a stranger....
2. By the disagreement of those parties whose concurrence is necessary; for
instance, in the case of a married woman by the disagreement of her husband.
3. By the judgment of a competent tribunal.
According to Sir William Blackstone ... deeds may be considered as
(1). conveyances at common law, original and derivative.
1st. The original are,
1. Feoffment. 4. Lease.
2. Gift. 5. Exchange; and
3. Grant. 6. Partition.
2d. Derivative, which are
7. Release. 10. Assignment
8. Confirmation. 11. Defeasance.
9. Surrender.
(2). Conveyances which derive their force by virtue of the statute of uses;
namely,
12. Covenant to stand seised to uses.
13. Bargain and sale of lands.
14. Lease and release.
15. Deed to lead and declare uses.
16. Deed of revocation of uses.
The deed of, bargain and sale, is the most usual in the United States....
Chancellor Kent is of opinion that a deed would be perfectly competent in any
part of the United States, to convey the fee, if it was to the following effect:
"I, A, B, in consideration of one dollar to me paid, by C D, do bargain and
sell, (or in some of the states, grant) to C D, and his heirs, (in New York,
Virginia, and some other states, the words, and his heirs may be omitted,) the
lot of land, (describing it,) witness my hand and seal," &c....
Title deeds are considered as part of the inheritance and pass to the heir as
real estate. A tenant in tail is, therefore, entitled to them; and chancery
will, enable him to get possession of them....
The cancellation, surrender, or destruction of a deed of conveyance, will not
divest the estate which has passed by force of it....
DEED POLL, contracts. A deed made by one party only is not indented, but polled
or shaved quite even, and is, for this reason, called a deed poll, or single
deed....
A deed poll is not, strictly speaking, an agreement between two persons; but
a declaration of some one particular person, respecting an agreement made by him
with some other person. For example, a feoffment from A to B by deed poll, is
not an agreement between A and B, but rather a declaration by A addressed to all
mankind, informing them that he thereby gives and enfeoffs B of certain land
therein described.
It was formerly called charta de una parte, and, usually began with these
words, Sciant praesentes et futuri quod ego A, &c.; and now begins, "Know all
men by these presents, that I, A B, have given, granted, and enfeoffed, and by
these presents do give, grant and enfeoff," &c....
Extracted From:
A LAW DICTIONARY ..., SIXTH EDITION, 1856
by John Bouvier
CHILDS & PETERSON, PHILADELPHIA
MESE. An ancient word used to signify house, probably from the French maison; it
is said that by this word the buildings, curtilage, orchards and gardens will
pass....
MESNE. The middle between two extremes, that part between the commencement and
the end, as it relates to time.
Hence the profits which a man receives between disseisin and recovery of
lands are called mesne profits. (q.v.) Process which is issued in a suit between
the original and final process, is called mesne process. (q.v.)
In England, the word mesne also applies to a dignity: those persons who hold
lordships or manors of some superior who is called lord paramount, and grant the
same to inferior persons, are called mesne lords.
MESNE PROCESS. Any process issued between original and final process; that is,
between the original writ and the execution....
MESNE PROFITS, torts, remedies. The value of the premises, recovered in
ejectment, during the time that the lessor of the plaintiff has been illegally
kept out of the possession of his estate by the defendant; such are properly
recovered by an action of trespass, quare clausum fregit, after a recovery in
ejectment....
As a general rule, the plaintiff is entitled to recover for such time as be
can prove the defendant to have been in possession, provided he does not go back
beyond six years, for in that case, the defendant may plead the statute of
limitations....
The value of improvements made by the defendant, may be set off against a
claim for mesne profits, but profits before the demise laid, should be first
deducted from the value of the improvement's....
MESNE, WRIT of. The name of an ancient writ, which lies when: the lord paramount
distrains on the tenant paravail; the latter shall have a writ of mesne against
the lord who is mesne....
PROCESS, MESNE, practice. By this term is generally understood any writ issued
in the course of a suit between the original process and execution.
By this term is also meant the writ or proceedings in an action to summon or
bring the defendant into court, or compel him to appear or put in bail, and then
to hear and answer the plaintiffs claim....
Hi Lisa;
Not an exact match but posiably a place to start.
I have an Arthur L Coker, b 12 May, 1884, Indian Territory
d April, 1969, Delaware, Nowata co, OK 74027, SS# 440-10-4811
Dawes Roll #10771
He was the son of Lewis Cass Coker & Charlotte Estes
This man might be the father of the man you are looking for.
Good luck,
Stan Coker
Extracted From:
A LAW DICTIONARY ..., SIXTH EDITION, 1856
by John Bouvier
CHILDS & PETERSON, PHILADELPHIA
TENANCY or TENANTCY. The state or condition of a tenant; the estate held by a
tenant, as a tenant at will, a tenancy for years.
TENANT, estates. One who holds or possesses lands or tenements by any kind of
title, either in fee, for life, for years, or at will....
Tenants may be considered with regard to the estate to which they are
entitled. There are tenants in fee; tenants by the curtesy; tenants in dower;
tenants in tail after. possibility of issue extinct; tenants for life tenants
for years; tenants from year to year; tenants at Will; and tenants at suffrance.
When considered with regard to their number, tenants are in severalty; tenants
in common; and joint tenants. There is also a kind of tenant, called tenant to
the praecipe. These will be separately examined.
Tenant in fee is he who has an estate of inheritance in the land....
Tenant by the curtesy, is where a man marries a woman seised of an estate of
inheritance, that is, of lands and tenements in fee simple or fee tail; and has
by her issue born alive, which was capable of inheriting her estate. In this
case he shall, on the death of his wife, hold the lands for life, as tenant by
the curtesy....
Tenant in dower is where the husband of a woman is seised of an estate of
inheritance, and dies; in this case, the wife shall have the third part of the
lands and tenements of which he was seised at any time during the coverture, to
hold to herself during the term of her natural life....
Tenant in tail after possibility of issue extinct, is where one is tenant in
special tail, and a person from whose body the issue was to spring, dies without
issue; or having issue, becomes extinct; in these cases the survivor becomes
tenant in tail after possibility of issue extinct... and vide Estate tail after
possibility of issue extinct.
Tenant for life, is he to whom lands or tenements are granted, or to which he
derives by operation of law a title for the term of his own life, or for that of
any other person, or for more lives than one.
He is called tenant for life, except when he holds the estate by the life of
another, when he is called tenant er autre vie....
Tenant for years, is he to whom another has let lands, tenements and
hereditaments for a term of certain years, or for a lesser definite period of
time, and the lessee enters thereon....
A tenant for years has incident to, and unseparable from his estate, unless
by special agreement, the same estovers to which a tenant for life is entitled.
See Estate for life. With regard to the crops or emblements, the tenant for
years is not, in general, entitled to them after the expiration of his term. 2
Bl. Com. 144. But in Pennsylvania, the tenant is entitled to the way going
crop....
Tenant from year to year, is he to whom another has let lands or tenements,
without any certain or determinate estate; especially if an annual rent be
reserved.... And when a person is let into possession as a tenant, without any
agreement as to time, the inference now is, that he is a tenant from year to
year, until the contrary be proved; but, of course, such presumption may be
rebutted.... The difference between a tenant from year to year, and a tenant for
years, is rather a distinction in words than in substance....
Tenant at will, is when lands or tenements are let by one man to another, to
have and th bold to him at the will of the lessor, by force of which the lessee
is in possession. In this case the lessee is called tenant at will.
Every lease at will must be at the will of both parties....
Tenant at suffrance, is he who comes into possession by a lawful demise, and
after his term is ended, continues the possession wrongfully, and holds over....
Tenant in severalty, is he who holds land and tenements in his own right
only, without any other person being joined or connected with him in point of
interest, during his estate therein....
Tenants in common, are such as hold by several and distinct titles, but by
unity of possession....
Tenants in common may have title as such to real or personal property; they
may be tenants of a house, land, a horse, a ship, and the like.
Tenants in common are bound to account to each other; but they are bound to
account only for the value of the property as it was when they entered, and not
for any improvement or labor they put upon it, at their separate expense....
Joint tenants, are such as hold lands or tenements by joint tenancy.
Tenants to the praecipe, is be against whom the writ of praecipe is brought,
in suing out a common recovery, and must be the tenant or seised of the
freehold....
TENANT OF THE DEMESNE, Eng. law. One who is tenant of a mesne lord; as where A
is tenant of B, and C of A; B is the lord, A the mesne lord and C tenant of the
demesne....
TENANT BY THE MANNER. One who has a less estate than a fee in land, which
remains in the reversioner. He is so called because in avowries and other
pleadings, it is specially shown in what manner, he is tenant of the land, in
contradistinction to the veray tenant, who is called simply, tenant....
TENANT PARAVAIL, English law. The tenant of a tenant; and is so called because
he has the avails or profits of the land....
TENANT RIGHT, Eng. law. In leases from the crown, corporations or the church, it
is usual to grant a further term to the old tenants in preference to strangers,
and, as this expectation is seldom disappointed, such tenants are considered as
baying an ulterior interest beyond their subsisting term; and this interest is
called the tenant right....
VERAY TENANT, or TRUE TENANT, Eng. law. One who holds a fee simple; in
pleadings, he is called simply tenant. He differs from a tenant by the manner in
this, that the latter holds a less estate than a fee which remains in the
reversioner.
A veray tenant by the manner is the same as tenant by the manner, with this
difference only, that the fee simple, instead of remaining in the land, is given
by him or by the law, to another....
All I know so far is that my husbands grandfather was Arther Lee Coker born
in Oklahoma in March 1916. He married Addie Lynn Turner and she was born
August 1916. Can anyone trace to this point?
Thanks for all info,
Lisa Coker
Extracted From:
A LAW DICTIONARY ..., SIXTH EDITION, 1856
by John Bouvier
CHILDS & PETERSON, PHILADELPHIA
SOCAGE, Eng. law. A tenure of lands by certain inferior services in husbandry,
and not knight's service, in lieu of all other services....
Extracted From:
A LAW DICTIONARY ..., SIXTH EDITION, 1856
by John Bouvier
CHILDS & PETERSON, PHILADELPHIA
VILL. In England this word was used to signify the parts into which a hundred or
wapentake was divided.... It also signifies a town or city....
VILLAIN., An epithet used to cast contempt and contumely on the person to whom
it is applied.
To call a man a villain in a letter written to a third person, will entitle
him to an action without proof of special damages....
VILLEIN, Eng. law. A species of slave during the feudal times.
The feudal villein of the lowest order was unprotected as to property, and
subjected to the post ignoble services; but his circumstances were very
different from the slave of the southern states, for no person was, in the eye
of the law, a villein, except as to his master; in relation to all other persons
he was a freeman....
VILLENOUS JUDGMENT, punishments. In the English law it was a judgment given by
the common law in attaint, or in cases of conspiracy.
Its effects were to make the object of it lose his liberam legem, and become
infamous. He forfeited his goods and chattels, and his lands during life; and
this barbarous judgment further required that his lands should be wasted, his
houses razed, his trees rooted up, and that his body should be cast into prison.
He could not be a juror or witness....
WAPENTAKE. An ancient word used in England as synonymous with hundred....
Extracted From:
A LAW DICTIONARY ..., SIXTH EDITION, 1856
by John Bouvier
CHILDS & PETERSON, PHILADELPHIA
BASE. Something low; inferior. This word is frequently used in composition; as
base court, base estate, base fee, &c.
BASE COURT. An inferior court, one not of record. Not used.
BASE ESTATE, English law. The estate which base tenants had in their lands. Base
tenants were a degree above villeins, the latter being compelled to perform all
the commands of their lords; the former did not hold their lands by the
performance of such commands....
BASE FEE, English law. A tenure in fee at the will of the lord. This was
distinguished from socage free tenure....
Todd,
Rev. Brumbly Coker was the son of James Coker, Sr. of Edgecombe Co., NC.
His grandparents were Caleb (d. 1748) and Mary Coker of Edgecombe Co.
Brumbly and his brother, James, were the executors of their father's
estate in 1796.
Rev. Brumbly and his family moved to Rowan Co., NC in 1799. He died
there in Dec. 1818. His widow Rebecca married James Thompson of Surry
Co., NC.
I am descended from Brumbly's grandfather, Caleb Coker, through the
daughter who married James Speir.
Elaine McConnell
Looking for info on Rev.Boumbly Coker born 1753 in Edgmb Co.NC,Died
12/1/1818,married Rebecca George.had the following
children,William,Nancy,George, Lovia,Thomas,Rebecca,all born in NC.
Extracted From:
A LAW DICTIONARY ..., SIXTH EDITION, 1856
by John Bouvier
CHILDS & PETERSON, PHILADELPHIA
LETTERS CLOSE, Engl. law. Close letters are grants, of the king, and being of
private concern, they are thus distinguished from letters patent.
LETTERS PATENT. The name of an instrument granted by the government to convey a
right to the patentee; as, a patent for a tract of land; or to secure to him a
right which he already possesses, as a patent for a new invention or discovery;
Letters patent are a matter of record. They are so called because they are not
sealed up, but are granted open....
Extracted From:
A LAW DICTIONARY ..., SIXTH EDITION, 1856
by John Bouvier
CHILDS & PETERSON, PHILADELPHIA
LETTER OF CREDIT, contracts. An open or sealed letter, from a merchant in one
place, directed to another, in another place or country, requiring him that if a
person therein named, or the bearer of the letter, shall have occasion to buy
commodities, or to want money to any particular or unlimited amount, either to
procure the same, or to pass his promise, bill, or other engagement for it, the
writer of the letter undertaking to provide him the money for the goods, or to
repay him by exchange, or to give him such satisfaction as he shall require,
either for himself or the bearer of the letter....
These letters are either general or special; the former is directed to the
writer's friends or correspondents generally, where the bearer of the letter may
happen to go; the latter is directed to some particular person. When the letter
is presented to the person to whom it is addressed, he either agrees to comply
with the request, in which case he immediately becomes bound to fulfill all the
engagements therein mentioned; or he refuses in which case the bearer should
return it to the giver without any other proceeding, unless, indeed, the
merchant to whom the letter is directed is a debtor of the merchant who gave the
letter, in which case he should procure the letter to be protested....
The debt which arises on such letter, in its simplest form, when complied
with, is between the mandator and the mandant; though it may be so conceived as
to raise a debt also against the person who is supplied by the mandatory.
1. When the letter is purchased with money by the person wishing for the
foreign credit; or, is granted in consequence of a check on his cash account, or
procured on the credit of securities lodged with the person who granted it; or
in payment of money due by him to the payee; the letter is, in its effects,
similar to a bill of exchange drawn on the foreign merchant. The payment of the
money by the person on whom the letter is granted raises a debt, or goes into
account between him and the writer of the letter; but raises no debt to the
person who pays on the letter, against him to whom the money is paid.
2. When not so purchased, but truly an accommodation, and meant to raise a
debt on the person accommodated, the engagement, generally is, to see paid any
advances made to him, or to guaranty any draft accepted or bill discounted and
the compliance with the mandate, in such case, raises a debt, both against the
writer of the letter, and against the person accredited.... The bearer of the
letter of credit is not considered bound to receive the money; he may use the
letter as he pleases, and he contracts an obligation only by receiving the
money....
Extracted From:
A LAW DICTIONARY ..., SIXTH EDITION, 1856
by John Bouvier
CHILDS & PETERSON, PHILADELPHIA
LETTERS AD COLLIGENDUM BONA DE FUNCTI, practice. In default of the
representatives and creditors to administer to the estate of an intestate, the
officer entitled to grant letters of administration, may grant to such person as
he approves, letters to collect the goods of the deceased, which neither make
him executor nor administrator; his only business being to collect the goods and
keep them in his safe custody....
LETTERS TESTAMENTARY, AND OF ADMINISTRATION. It is proposed to consider,
1. Their different kinds.
2. Their effect.
1. Their different kinds.
LETTERS TESTAMENTARY. This is an instrument in writing, granted by the judge
or officer having jurisdiction of the probate of wills, under his hand and
official seal, making known that on the day of the date of the said letters, the
last will of the testator, (naming him,) was duly proved before him; that the
testator left goods, &c., by reason, whereof, and the probate of the said will,
he certifies "that administration of all and singular, the goods, chattels,
rights and credits of the said deceased, any way concerning his last will and
testament, was committed to the executor, (naming him,) in the said testament
named."
LETTERS OF ADMINISTRATION may be described to be an instrument in writing,
granted by the judge or officer having jurisdiction and power of granting such
letters, thereby giving the administrator, (naming him,)," full power to
administer the goods, chattels, rights and credits, which were of the said
deceased, in the county or, district in which the said judge or officer has
jurisdiction; as also to ask, collect, levy, recover and receive the credits
whatsoever, of the said deceased, which at the time of his death were owing, or
did in any way belong to him, and to pay the debts in which the said deceased
stood obliged, so far forth as the said goods and chattels, rights and credits
will extend, according, to the rate and order of law."
LETTERS OF ADMINISTRATION PENDENTE LITE, are letters granted during the
pendency of a suit in relation to a paper purporting to be the last will and
testament of the deceased.
LETTERS OF ADMINISTRATION DE BONIS NON, are granted, where the former
executor or administrator did not administer all the personal estate of the
deceased, and where he is dead or has been discharged or dismissed. Letters of
administration, durante minori aetate, are granted where the testator, by his
will, appoints an infant executor, who is incapable of acting on account of his
infancy. Such letters remain in force until the infant arrives at an age to take
upon himself the execution of the will.... Letters of administration durante
absentia, are granted when the executor happens to be absent at the time when
the testator died, and it is necessary that some person should act immediately
in the management of the affairs of the estate.
2. Of their effect.
Letters testamentary are conclusive as to personal property, while they
remain unrevoked; as to realty they are merely prima facie evidence of right....
Proof that the testator was insane, or that the will was forged, is
inadmissible.... But if the nature of his plea allow the defendant to enter into
such proof, he may show that the seal of the supposed probate has been forged,
or that the letters have been obtained by surprise ... or been revoked....
The effect of letters testamentary, and of administration granted, in some
one of the United States, is different in different states. A brief view of the
law on this subject will here be given, taking the states in alphabetical
order....
North Carolina. It was decided by the court of conference, then the highest
tribunal in North Carolina, that letters granted in Georgia were
insufficient.... But the supreme court have since held that letters testamentary
granted in South Carolina, were sufficient to enable an executor to sue in North
Carolina....
By the revised statutes, ch. 46, s. 6, it is provided, that "where a testator
or testatrix shall appoint any person, residing out of this state, executor or
executrix of his or her last will and testament, it shall be the duty of the
court of pleas and quarter sessions, before which the said will shall be offered
for probate, to cause the executor or executrix named therein, to enter into
bond with good and sufficient security for his or her faithful administration of
the estate of the said testator or testatrix and for the distribution thereof in
the manner prescribed by law; the penalty of said bond shall be double the
supposed amount of the personal estate of the said testator or testatrix; and
until the said executor or executrix shall enter into such bond, he or she shall
have no power nor authority to intermeddle with the estate of the said testator
or testatrix; and the court of the county in which the testator or testatrix had
his or her last usual place of residence, shall proceed to, grant letters of
administration with the will annexed, which shall continue in force until the
said executor or executrix shall enter into bond as aforesaid. Provided
nevertheless, and it is hereby declared, that the said executor or executrix
shall enter into bond as by this act directed within the space of one year after
the death of the said testator, or testatrix, and not afterwards."
South Carolina. Executors and administrators of other states, cannot, as
such, sue in South Carolina; they must take out letters in the state....
Extracted From:
A LAW DICTIONARY ..., SIXTH EDITION, 1856
by John Bouvier
CHILDS & PETERSON, PHILADELPHIA
LETTER, com. law, Crim. law. An epistle; a despatch; a written message, usually
on paper, which is folded up and sealed, sent by one person to another....
LETTER, contracts. In the civil law, locator, and in the French law, locateur,
loueur, or bailleur, is he who, being the owner of a thing, lets it out to
another for hire or compensation....
LETTER, civil law. The answer which the prince gave to questions of law which
had been submitted to him by magistrates, was called letters or epistles. See
Rescripts.
LETTER OF ADVICE. comm. law. A letter containing information of any
circumstances unknown to the person to whom it is written; generally informing
him of some act done by the writer of the letter.
It is usual and perfectly proper for the drawer of a bill of exchange to
write a letter of advice to the drawee, as well to prevent fraud or alteration
of the bill, as to let the drawee know what provision has been made for the
payment of the bill....
LETTER OF ATTORNEY, practice. A written instrument under seal, by which one or
more persons, called the constituents, authorize one or more other persons
called the attorneys, to do some lawful act by the latter, for or instead, and
in the place of the former....
LETTER BOOK, commerce. A book containing the copies of letters written by a
merchant or trader to his correspondents....
LETTER CARRIER. A person employed to carry letters from the post office to the
persons to whom they are addressed....
LETTER OF CREDENCE, international law. A written instrument addressed by the
sovereign or chief magistrate of a state, to the sovereign or state to whom a
public minister is sent, certifying his appointment as such, and the general
objects of his mission, and requesting that full faith and credit may be given
to what he shall do and say on the part of his court....
LETTER OF LICENSE, contracts. An instrument or writing made by creditors to
their insolvent debtor, by which they bind themselves to allow him a longer time
than he had a right to, for the payment of his debts and that they will not
arrest or molest him in his person or property till after the expiration of such
additional time.
LETTER OF MARQUE AND REPRISAL, War. A commission granted by the government to a
private individual, to take the property of a foreign state, or of the citizens
or subjects of such state, as a reparation for an injury committed by such
state, its citizens or subjects. A vessel loaded with merchandise, on a voyage
to a friendly port, but armed for its own defence in case of attack by an enemy,
is also called a letter of marque....
By the constitution... congress has power to grant letters of marque and
reprisal.
LETTER missive, Engl. law. After a bill has been filed against a peer or
peeress, or lord of parliament, a petition is presented to the lord chancellor
for his letter, called a letter missive, which requests the defendant to appear
and answer to the bill. A neglect to attend to this, places the defendant, in
relation to such suit, on the same ground as other defendants, who are not
peers, and a subpoena may then issue....
LETTER of RECALL. A written document addressed by the executive of one
government to the executive of another, informing the latter that a minister
sent by the former to him, has been recalled.
LETTER OF RECOMMENDATION, com. law. An instrument given by one person to
another, addressed to a third, in which the bearer is represented as worthy of
credit....
LETTER OF RECREDENTIALS. A document delivered to a minister, by the secretary of
state of the government to which he was accredited. It is addressed to the
executive of the minister's country. This is in reply to the letter of recall.
LETTERS OF REQUEST, Eng. eccl. law, An instrument by which a judge of an
inferior court waives or remits his own jurisdiction in favor of a court of
appeal immediately superior to it.
LETTERS ROGATORY. A letter rogatory is an instrument sent in the name and by the
authority of a judge or court to another, requesting the latter to cause to be
examined, upon interrogatories filed in a cause depending before the former, a
witness who is within the jurisdiction of the judge or court to whom such
letters are addressed. In letters rogatory there is always an offer on the part
of the court whence they issued, to render a similar service to the court to
which they may be directed whenever required....
Though formerly used in England in the courts of common law ... they have
been superseded by commissions of Dedimus potestatem, which are considered to be
but a feeble substitute.... The courts of admiralty use these letters, which are
derived from the civil law, and are recognized by the law of nations....
Information
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