NYS Notary Public Exam - Definitions

Acknowledgment - Answer- A formal declaration before a duly authorized officer by a person who has executed an instrument that such execution is his act and deed. Administrator - Answer- A person appointed by the court to manage the estate of a deceased person who left no will. Affiant - Answer- The person who makes and subscribes his signature to an affidavit. Affidavit - Answer- A signed statement, duly sworn to, by the maker thereof, before a notary public or other officer authorized to administer oaths. Affirmation - Answer- A solemn declaration made by persons who conscientiously decline taking an oath; it is equivalent to an oath and is just as binding. Apostile - Answer- Department of State authentication attached to a notarized and county-certified document for possible international use. Attest - Answer- 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 - Answer- 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) - Answer- 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 of verifies the authority of the notary public to act as such. (AKA County Clerk's Certificate) Bill of Sale - Answer- A written instrument given to pass title of personal property from vendor to vendee. Certified Copy - Answer- 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 these. Chattel - Answer- Personal property, such as household goods or fixtures. Chattel Paper - Answer- 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 in known as a security agreement. Codicil - Answer- An instrument made subsequent to a will and modifying it in some respects. Consideration - Answer- Anything of value given to induce entering into a contract; it may be money, personal services, or even love and affection. Contempt of Court - Answer- Behavior disrespectful of the authority of a court which disrupts the execution of court orders. Conveyance (Deed) - Answer- Every instrument, in writing, except a will, by which any estate or interest in real property is created, transferred, assigned or surrendered. Deponent - Answer- One who makes oath to a written statement. Technically, a person subscribing a deposition but used interchangeably with "Affiant." Deposition - Answer- 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 - Answer- Unlawful constraint exercised upon a person whereby he is forced to do some act against his will. Escrow - Answer- 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 - Answer- One named in a will to carry out the provisions of the will. Ex Parte (From One Side Only) - Answer- A hearing or examination in the presence of, or on papers filed by, one party and in the absence of the other. Judgment - Answer- Decree of a court declaring that one individual is indebted to another and fixing the amount of such indebtedness. Jurat - Answer- That part of an affidavit where the officer (notary public) certified that is was sworn to before him. It is not the affidavit. Laches - Answer- The delay or negligence in asserting one's legal rights. Lease - Answer- A contract whereby, for a consideration, usually termed rent, one who is entitled to the possession of real property transfers such right to another for life, for a term of years or at will. Lien - Answer- A legal right or claim upon a specific property which attaches to the property until a debt is satisfied.