§ 59-11-01 (301) Representation – Basic effect
§ 59-11-02 (302) Representation by holder of general power of appointment
§ 59-11-03 (303) Representation by fiduciaries and parents
§ 59-11-04 (304) Representation by person having substantially identical interest
§ 59-11-05 (305) Appointment of representative

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Terms Used In North Dakota Code > Chapter 59-11 - Representation

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Decedent: A deceased person.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Individual: means a human being. See North Dakota Code 1-01-49
  • Lineal descendant: Direct descendant of the same ancestors.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Trustee: A person or institution holding and administering property in trust.
  • written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37