The Land Warrant is the first document in the land grant process, which authorizes a tract of land to be set aside for grant or sale. Warrants were issued by the government to soldiers as payment for service in various wars. These "bounty-land" warrants indicated a certain number of acres of land without describing the land precisely. Most warrants could be sold, which is what most soldiers did, rather than settle on the assigned land. Therefore, the warrants themselves are not of much use, although the soldier's warrant application, like their pension application is of genealogical value.
        After a warrant was issued, a survey of the land was conducted, and defines the exact location and boundaries of the land grant authorized in the warrant. The final document was the Patent, a title certificate that was issued to a person granted or sold land, by the governmental agency that originally owned the land. After the patent was recorded at the state or federal level, the landowner had the right to sell the land to someone else in the form of a deed. At the BLM website you can order notarized copies of land patents for only $2 each.

        A Deed is a record of the transfer of land ownership. A copy of the deed is recorded in the county where the land is located. The deed certificate then acts as the title to property in the possession of the buyer. In the Deed books you will find several types of transactions. The most common is the Deed of Sale, also known as an Indenture. There are also Deeds of Gift, many of which will contain the words "for the love and affection". Mortgage Sales usually contain the words, "Deed of Mortgage", However you may find a phrase which states that the sale is void if party A pays to party B a stated amount by a certain date. This is a mortgage loan with the land as collateral.
        In the lower left-hand corner of some deeds, you will find signatures of two to four witnesses. The first signature will be from a member of the husband's family. The second signature will be from a member of the wife's family to protect her one-third dower right under the law.
        If the land passes by will, the probated will becomes a public record and has the same effect as a deed. If the estate is probated without a will, the descent of land through the probate action is recorded. If land passes by inheritance and is later sold, assigned, or mortgaged, however, all heirs with an interest in the property are required to sign. Early laws required that husbands of married female heirs also sign these documents. As land was sold, traded or passed by inheritance the transfer was recorded in a county courthouse in Deed Books in the order they were received. Each Deed Book has two indexes, one for the grantor and one for the grantee.

        A decedent's estate was administered only when he or she left a will, or died intestate and left sufficient personal property to warrant having an administration. Probate records are all those documents that trace the settling of the estate, such as wills, inventories and accounts.
        Inventories are lists of personal property owned by the deceased. When the executor or administrator inventoried the personal property of an estate, two next of kin and two creditors of the deceased were required to be present, with two sworn appraisers, all of whom were to sign the document to indicate their presence and approval. Quite often the buyers at the estate sale were family members and the land record showing the sale of the land will list the wife and heirs.
        Administration Accounts were kept to show what debts were paid to the estate, and what disbursements were made. When all accounts had been settled, the remainder was distributed to the heirs and legatees. Administration Bonds were records of money posted by the accountant, executor or administrator to ensure that they would carry out their duties. Usually two individuals, or sureties, would sign the bond as well. Note the names of the sureties because there is a good possibility that they are related.
        Orphans Court Proceedings contain a record of orphans being bound out as apprentices, or of guardians being appointed. If any part of an estate belonged to an orphan over the age of 14, he or she could choose a guardian to handle the estate. Otherwise the court appointed a guardian. Being a guardian did not necessarily mean having custody. In some instances, the mother was appointed guardian, when she was considered knowledgeable enough to handle land and finances, but usually it was a male relative, or even a stepfather or neighbor. A guardian was often required to file a guardian bond, with security, to ensure proper management. The orphan was to be supported and educated by the income from the estate. The principal of the estate was to be delivered by the guardian to the orphan at age 21 for males, and at age 16 for females, or on the day of her marriage, whichever happened first. If the estate was too small, the orphan was to be apprenticed unless a relative provided support. These orphans were to be maintained and educated according to their estates and taught a trade.

Covenant - real estate contract

Codicil - amendment, addition, or change to a will

Escheat - when a person dies without heirs, his property goes to the state

Dower - wife's interest in husband's real property
Curtesy - husband's interest in wife's real property

Fee Simple - outright and complete ownership of property
Fee Tail - property can only be transferred by inheritance

Lineal Descendent - in the direct line of descent, suchas children and grandchildren
Collateral Heir - one who inherits from a relative other than a direct ancestor

Executor - male named in will to settle an estate
Executrix - female named in will to settle an estate
Administrator - person assigned by the court to settle an estate

Guardian - caretaker of minor and his property
Guardian at Litem - temporary guardian to represent a minor in legal matter

Homestead - the house and adjoining land where the head of the family lived which passes to the widow upon the death of her husband and is exempt from the claims of creditors of the estate.

Law of Descent - laws that determine who gets real property when there is no will
Law of Distribution - laws that determine who gets personal property when there is no will

Bequest - to give personal property in a will
Devise - to give real property in a will
Legacy - a gift of money in a will

Lend - creates a life estate
Life Estate - lifetime interest in property

Letter of Administration - evidence of authority from the court to the administrator
Letter Testamentary - evidence of authority from the court to the executer

Per Capita - equal division of property among those of the same degree of kinship
Per Stirps - Each subsequent generation shares the inheritance of the prior generation

Pretermitted child - is one that is left out or omitted from the will
Primogeniture - is a Common Law system under which the oldest son inherited all the land at the death of his father.

Testate - to die with a will
Intestate - to die without a will
Testator - male who makes a will
Testatrix - female who makes a will

Trust - when property is entrusted to a third party to be held for the benefit of another
Trustor - person who creates a trust
Trustee - a third party who holds property in trust for the benefit of someone else
Legal Owner - in a trust the trustee is the legal owner of the property
Equitable Owner - the beneficiary of the trust is the equitable owner of the property

Consort - wife who's husband is living at the time of her death
Relic - widow who's husband is not living at the time of her death

Courts of Law - heard cases dealing with criminal law and tort law
Courts of Equity - chancery courts that heard matters such as probate and guardianships

        When you find your ancestors in the Social Security Death Index, you may want to request copies of the original Social Security application form SS-5. A standard form letter is available which can be printed and mailed, with a $7 fee for each copy requested, to the following address: