The Collaborative International Dictionary of English v.0.48:

Capite \Cap"i*te\ (k[a^]p`[i^]*t[=e]), n. [L., abl. of caput
   head.]
   See under Tenant.
   [1913 Webster]

Bouvier's Law Dictionary, Revised 6th Ed (1856):

CAPITE, descents. By the head. Distribution or succession per capita, is
said to take place when every one of the kindred in equal degree, and not
jure representationis, receive an equal part of an estate.