"Issue"
of a person includes all of his lineal descendants, natural or adopted, of all
generations, with the relationship of parent and child at each generation being
determined by by the definition of child and parent.
"Local
administration" means administration by a personal representative
appointed in this State.
"Local fiduciary" means any fiduciary who
has received letters in this State and excludes foreign fiduciaries who acquire
the power of local fidcuary persuant to this title.
"Mental
incompetent" means a person who is impaired by reason of mental illness or
mental deficiency to the extent that he lacks sufficient capacity to govern
himself and manage his affairs.
The term "mental incompetent" is
also used to dsignate a person who is impaired by reason of physical illness or
disability, chronic use of drugs, chronic alcoholism, or other cause (except
minority) to the extent that he lacks sufficient capacity to govern himself and
manage his affairs.
The term "mental incompetency" and "mental
imcompetent" refer to the state or condition of a "mental
incompetent" as hereinbefore defined.
"Minor" means a person
who is under 18 years of age.
"Nonresident decedent" means a
decedent who was domiciled in another jurisdiction at the time of his death.
"Parent"
means any person entitled to take or would be entitled to take if the child,
natural or adopted, died without a will, by intestate succession from the child
whose relationship is in question and excludes any person who is a stepparent
foster parent of grandparent.
"Personal representative"
includes executor, administrator, successor personal repreentative, special
administrator, and persons who perform substantially the same function under
the law governing their status. "General personal representative"
excludes special administrator.
"Resident creditor" means a person
domiciled in, or doing business in this State, who is, or could be, a caimant
against an estate.
"Security" includes any note, stock, treasury
stock, bond, mortgage, financing statement, debenture, evidence of
indebtedness, certificate of interest or participation in an oil, gas, or
mining title or lease or in payments out of production under the title of
lease, collateral, trust certificate, transferable share, voting trust
certificate or, in general, any interest or any certificate of interest or
participation, any temporary or interim certificate, receipt or certificate of
deposit for, or any warrant or right to subscribe to or purchase, any of the
foregoing.
"Successor personal representative" means a personal
representative, other than a special administrator, who is appinted to succeed
a previously appointed personal representative.
"Successors" means
those persons, other than creditors, who are entitiled to real and personal
property of a decedent under his will or the laws governing intestate
succession.
"Testamentary trustee" means a trustee designated by
will or appointed to exercise a trust created by will.
"Trust"
includes any express trust, private, or charitable , with additions thereto,
wherever and however created. It also includes a trust created by judgement
under which the trust is to be administered in the matter of an express trust.
"Trust" excludes other constructive trusts, and it excludes resulting
trusts, guardinships, personal representatives, trust accounts created under
the "Multiple-party Deposit Account Act," P.L. 1979, c 491 (C.
17:161-1 et seq), gifts to minors under the "New Jersey Uniform Gifts to
Minors Act," P.L.1963, c.177 (C.46:38-13 et seq.), business trusts
providing for certificates to be issued to beneficiaries, common trusts,
security arrangements, liquidation trusts, and trusts for the primary purpose
of paying debts, dividents, interest, salaries, wages, profits, pensions, or
employee benefits of any kidn, an dany arrangement under which a person is a
nominee or escrowee for another.
"Ward" means a person for whom a
guardian is appointed or a person under the protection of the court.
"Will"
means the last will and testament of a testator or testatrix and includes any
codicil.
L. 1981, c 405 3B: 1-2, eff. May 1, 1982.
For
more information, go to http://njwillsprobatelaw.com/3b_1-2.html?id=2117&a=
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