ACTUAL QUESTIONS AND CORRECT
ANSWERS
⩥ Administrator.
Answer: Appointed by the court for an estate (usually Surrogate's or
Supreme Court) which empowers him to manage the affairs of the
decedent. The court appoints this when a person dies without leaving a
will, or leaves a will without naming an executor
⩥ Affiant.
Answer: An affidavit is signed by this person
⩥ Affidavit.
Answer: A signed statement that is sworn to by the person signing it. It is
sworn in front of a notary public or other office with authority to
administer an oath
⩥ Affirmation.
Answer: A person who does not want to take an oath (because of
religious, ethical or other reasons) may affirm as to the truthfulness of
his statements.
,⩥ Apostile.
Answer: An authentication of a notarized document or county clerk
certified document. It is issued by the Department of State. It is attached
to the document and may be used internationally.
⩥ Attest.
Answer: To be present at the execution of a written instrument and also
to subscribe the written instrument as a witness to the execution of the
instrument
⩥ Attestation clause.
Answer: As it refers to wills, an attestation clause is the written portion
at the end of a will where the witnesses attest that the will was executed
in front of them and also state the procedural manner of the execution of
the will
⩥ Authentication (notarial).
Answer: A document that is signed by a notary may be authenticated by
a county clerk. It is comprised of a certificate issued by the county clerk
and attached to the document. It verifies the notary public's authority to
act as a notary public.
⩥ Bill of Sale.
,Answer: A written document that is given by the vendor (seller of
personal property) to the vendee (buyer). It passes title from the vendor
to the vendee
⩥ Certified copy.
Answer: May NOT be issued by a notary public. They can only be
issued by public officials who have custody of the original and who can
certify that the copy is a true copy of the original on file
⩥ Chattel.
Answer: Means property that is personal in nature, such as household
goods. It does NOT include real property (land, buildings)
⩥ Chattel paper.
Answer: A written obligation to pay money for specific goods
⩥ Codicil.
Answer: As it relates to wills, it is an attachment to a will that adds to or
changes the will in some way
⩥ Consideration.
Answer: What is given in value to induce someone to enter into a
contract (i.e., property, money, services, etc.)
, ⩥ Contempt of Court.
Answer: Actions which hinder the execution of court orders and display
disrespect of court authority
⩥ Contract.
Answer: An agreement between parties which can be oral or written.
⩥ Conveyance.
Answer: The instrument which creates, assigns, transfer or surrenders an
interest in real property
⩥ Deponent.
Answer: Means the same as affiant. A person who signs the deposition
and makes an oath to a written statement
⩥ Deposition.
Answer: A testimony taken before an authorized official. It is taken out
of court with the intention of using it at a hearing or trial
⩥ Duress.
Answer: Exercising unlawful constraint on a person with the intention of
forcing him to do certain acts which may be against the person's will