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Hint
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Answer
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A solemn declaration 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 scruples against taking an oath, the notary
public should have the person affirm.
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Affirmation
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Department of State authentication attached to a notarized and county certified document for possible international use.
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Apostile
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To witness the execution of a written instrument, at the request of the
person who makes it, and subscribe the same as a witness.
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Attest
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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.
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Attestation Clause
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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.)
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Authentication (Notarial)
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A person appointed by the court to manage the estate of a deceased person
who left no will.
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Administrator
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A written instrument given to pass title of personal property from vendor
to vendee.
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Bill of Sale
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A copy of a public record signed and certified as a true copy by the public
official having custody of the original.
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Certified Copy
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Personal property, such as household goods or fixtures.
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Chattel
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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.
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Chattel Paper
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An instrument made subsequent to a will and modifying it in some
respects.
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Codicil
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Anything of value given to induce entering into a contract; it may be
money, personal services, or even love and affection.
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Consideration
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Behavior disrespectful of the authority of a court which disrupts the
execution of court orders
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Contempt of Court
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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.
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Contract
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Every instrument, in writing, except a will, by which any estate or interest
in real property is created, transferred, assigned or surrendered.
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Conveyance (Deed)
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See “Authentication (Notarial).”
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County Clerk’s Certificate
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One who makes oath to a written statement. Technically, a person
subscribing a deposition but used interchangeably with “Affiant.”
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Deponent
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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.
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Deposition
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Unlawful constraint exercised upon a person whereby he is forced to do
some act against his will.
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Duress
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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.
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Escrow
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One named in a will to carry out the provisions of the will.
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Executor
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A hearing or examination in the presence of, or on papers filed by, one
party and in the absence of the other.
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Ex Parte (From One Side Only)
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A crime punishable by death or imprisonment in a state prison.
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Felony
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A person in charge of a minor’s person or property.
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Guardian
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Decree of a court declaring that one individual is indebted to another and
fixing the amount of such indebtedness.
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Judgment
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