§ 3-401 Formal testacy proceedings; nature; when commenced
§ 3-402 Formal testacy or appointment proceedings; petition; contents
§ 3-403 Formal testacy proceeding; notice of hearing on petition
§ 3-404 Formal testacy proceedings; written objections to probate
§ 3-405 Formal testacy proceedings; uncontested cases; hearings and proof
§ 3-406 Formal testacy proceedings; contested cases
§ 3-407 Formal testacy proceedings; burdens in contested cases
§ 3-408 Formal testacy proceedings; will construction; effect of final order in another jurisdiction
§ 3-409 Formal testacy proceedings; order; foreign will
§ 3-410 Formal testacy proceedings; probate of more than one instrument
§ 3-411 Formal testacy proceedings; partial intestacy
§ 3-412 Formal testacy proceedings; effect of order; vacation
§ 3-413 Formal testacy proceedings; vacation of order for other cause
§ 3-414 Formal proceedings concerning appointment of personal representative

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Terms Used In Maine Revised Statutes > Title 18-C > Article 3 > Part 4 - Formal Testacy and Appointment Proceedings

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agency: means the Maine Municipal and Rural Electrification Cooperative Agency. See Maine Revised Statutes Title 35-A Sec. 4103
  • Air contaminants: includes , but is not limited to, dust, fumes, gas, mist, particulate matter, smoke, vapor or any combination thereof. See Maine Revised Statutes Title 38 Sec. 582
  • Air contamination source: means any and all sources of emission of air contaminants, whether privately or publicly owned or operated. See Maine Revised Statutes Title 38 Sec. 582
  • Air pollution: means the presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities and of such characteristics and duration as to be injurious to human, plant or animal life or to property, or which unreasonably interfere with the enjoyment of life and property throughout the State or throughout such areas of the State as shall be affected thereby. See Maine Revised Statutes Title 38 Sec. 582
  • Air pollution control apparatus: means and includes any appliance, equipment or machinery which removes, reduces controls, eliminates, disposes of or renders less noxious the emission of air contaminants into ambient air. See Maine Revised Statutes Title 38 Sec. 582
  • Air quality units: means the toxicity score for a hazardous air pollutant multiplied by the estimated emissions of that hazardous air pollutant. See Maine Revised Statutes Title 38 Sec. 582
  • Ambient air: means all air outside of buildings, stacks or exterior ducts. See Maine Revised Statutes Title 38 Sec. 582
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • BART: means an emission limitation based on the degree of reduction achievable through the application of the best system of continuous emission reduction for each visibility-impairing air pollutant that is emitted by an existing stationary facility. See Maine Revised Statutes Title 38 Sec. 582
  • BART eligible unit: means an existing stationary facility. See Maine Revised Statutes Title 38 Sec. 582
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Best practical treatment: means that method which controls or reduces emissions of air contaminants to the lowest possible level considering:
A. See Maine Revised Statutes Title 38 Sec. 582
  • Bulk gasoline plant: means , except for gasoline service stations, any gasoline storage and distribution facility or bulk gasoline terminal with a daily throughput of 76,000 liters, or 20,000 gallons, or less, that receives gasoline from refineries, bulk gasoline terminals or through direct import. See Maine Revised Statutes Title 38 Sec. 582
  • Bulk gasoline terminal: means a gasoline storage facility that receives gasoline from refineries, primarily by pipeline, ship or barge, and delivers gasoline to bulk gasoline plants or commercial or retail accounts primarily by tank vehicle and that has a daily throughput of more than 76,000 liters, or 20,000 gallons, of gasoline. See Maine Revised Statutes Title 38 Sec. 582
  • Commission: means the Public Utilities Commission. See Maine Revised Statutes Title 35-A Sec. 102
  • Contract: A legal written agreement that becomes binding when signed.
  • Cooperative: means any corporation organized as of January 1, 1981, under chapter 37 or former Title 35, chapters 221 to 227 on a cooperative plan under the laws of the State and supplying or authorized to supply electricity. See Maine Revised Statutes Title 35-A Sec. 4103
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Emission: means a release of air contaminants into ambient air or the air contaminants so released. See Maine Revised Statutes Title 38 Sec. 582
  • Emission source: means any and all sources of emissions of air contaminants, whether privately or publicly owned or operated. See Maine Revised Statutes Title 38 Sec. 582
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • External floating roof: means a storage vessel cover in an open-top tank consisting of a double deck or pontoon single deck which rests upon and is supported by the petroleum liquid being contained and is equipped with a closure seal or seals to close the space between the roof edge and tank shell. See Maine Revised Statutes Title 38 Sec. 582
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Fuel-burning equipment: means any furnace, boiler or apparatus,and all appurtenances thereto, used in the process of burning fuel including stationary internal combustion engines. See Maine Revised Statutes Title 38 Sec. 582
  • Fugitive emissions: means emissions of air contaminants which do not pass through a stack, flue, chimney or vent. See Maine Revised Statutes Title 38 Sec. 582
  • Gasoline dispensing facility: means any gasoline service station, bulk terminal or bulk plant or any other facility or organization, governmental or private, that stores gasoline in tanks having a capacity of greater than 250 gallons, and dispenses fuel for motor vehicle use. See Maine Revised Statutes Title 38 Sec. 582
  • General process source: means any emission source, except fuel-burning equipment, incinerators, mobile sources, open burning sources and sources of fugitive emissions. See Maine Revised Statutes Title 38 Sec. 582
  • Hazardous air pollutant: means an air pollutant to which no ambient air standard is applicable and which in the judgment of the board causes, or contributes to, air pollution which may reasonably be anticipated to result in an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness. See Maine Revised Statutes Title 38 Sec. 582
  • in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
  • Incinerator: means any device, apparatus or equipment used for destroying, reducing or salvaging by fire any material or substance, but does not include any device, apparatus or equipment used to burn material-separated, refuse-derived fuel. See Maine Revised Statutes Title 38 Sec. 582
  • Internal floating roof: means a cover or roof in a fixed-roof tank which rests upon or is floated upon the petroleum liquid being contained, and is equipped with a closure seal or seals to close the space between the roof edge and tank shell. See Maine Revised Statutes Title 38 Sec. 582
  • Intestate: Dying without leaving a will.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Lowest achievable emission rate: means the more stringent rate of emissions based on the following:
  • A. See Maine Revised Statutes Title 38 Sec. 582
  • Municipality: includes , for purposes of enacting an air pollution control ordinance, only cities, organized towns and plantations. See Maine Revised Statutes Title 38 Sec. 582
  • Municipality: means any municipal, plantation or quasi-municipal electric, or electric and utility, corporation, or municipal electric, or electric and utility, system within the State which, as of January 1, 1981, was authorized to and engaged in the manufacture, generation, transmission, distribution, purchase or sale of electricity to the general public. See Maine Revised Statutes Title 35-A Sec. 4103
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Opacity: means the degree of light obscuring capability of emissions of visible air contaminants expressed as a percentage. See Maine Revised Statutes Title 38 Sec. 582
  • Open burning: means the burning of any type of combustible material in the open ambient air without being completely enclosed and where the products of combustion are emitted directly into the ambient air without passing through a stack, chimney or duct or other device or structure. See Maine Revised Statutes Title 38 Sec. 582
  • Outdoor wood boiler: means a fuel burning device:
  • A. See Maine Revised Statutes Title 38 Sec. 582
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means person as defined in section 102 or any public agency, state or political subdivision or agency of the State, or any body politic of any nature organized and existing under the law of any state, the United States, any Province of Canada and also includes Canada, its provinces and all political subdivisions, departments, agencies and instrumentalities of Canada. See Maine Revised Statutes Title 35-A Sec. 4103
  • Person: means any individual, partnership, corporation, whether private, public or quasi-municipal, municipality, state governmental agency or other legal entity. See Maine Revised Statutes Title 38 Sec. 582
  • Personal property: All property that is not real property.
  • Petroleum liquids: means crude oil, condensate, and any finished or intermediate products manufactured or extracted in a petroleum refinery. See Maine Revised Statutes Title 38 Sec. 582
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Probate: Proving a will
  • Process weight rate: means the average total weight of all materials, not including any gaseous or liquid fuels, solid fuels or combustion air, introduced into any manufacturing, industrial or combustion process that may result in the emission of any regulated pollutant to the ambient air, computed on an hourly basis, and shall be expressed in terms of weight per unit of time. See Maine Revised Statutes Title 38 Sec. 582
  • Project: means any plant, works, system or facilities inside or outside the State, and real and personal property of any nature or any interest in any of them, together with all parts of them and appurtenances to them, used or useful in the generation, production, transmission, distribution, purchase, sale, exchange or interchange of electricity and in the acquisition, extraction, conversion, transportation or storage or reprocessing of fuel of any kind for any purposes or an interest in, or the right to the use, services, output or capacity of a plant quota, works, system or facilities; provided that "project" does not include construction of nuclear generating facilities or the storage, reprocessing or transportation of nuclear fuel within the State. See Maine Revised Statutes Title 35-A Sec. 4103
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public utility: includes every gas utility, natural gas pipeline utility, transmission and distribution utility, telephone utility, water utility and ferry, as those terms are defined in this section, and each of those utilities is declared to be a public utility. See Maine Revised Statutes Title 35-A Sec. 102
  • Region: means an air quality region or regions established by the board pursuant to section 583. See Maine Revised Statutes Title 38 Sec. 582
  • Regional greenhouse gas initiative: means the initiative referred to in the Memorandum of Understanding and the corresponding model rule that memorializes the ongoing cooperative effort by the State and other states to design and implement a regional carbon dioxide cap-and-trade program covering carbon dioxide emissions from electrical generating units in the signatory states. See Maine Revised Statutes Title 38 Sec. 580-A
  • registered mail: when used in connection with any requirement for notice by mail shall mean either registered mail or certified mail. See Maine Revised Statutes Title 1 Sec. 72
  • Ringelmann Chart: shall mean the chart published and described in the United States Bureau of Mines Information Circular 8333, on which are illustrated graduated shades of gray for use in estimating the light obscuring density or opacity of any black emissions or any other such device which may be approved by the board. See Maine Revised Statutes Title 38 Sec. 582
  • Solid waste fuel-burning equipment: means any furnace, boiler or apparatus, and all appurtenances thereto, capable of burning solid waste fuel for the primary purpose of producing thermal energy. See Maine Revised Statutes Title 38 Sec. 582
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Toxicity score: means a score given to a hazardous air pollutant by the Department of Health and Human Services, Maine Center for Disease Control and Prevention. See Maine Revised Statutes Title 38 Sec. 582
  • True vapor pressure: means the equilibrium partial pressure exerted by a petroleum liquid as determined in accordance with methods described in American Petroleum Institute Bulletin 2517, "Evaporation Loss from Floating Roof Tanks" 1962. See Maine Revised Statutes Title 38 Sec. 582
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
  • Venue: The geographical location in which a case is tried.
  • Waste: means refuse, garbage, rubbish, trash or unwanted or discarded materials of any kind and source. See Maine Revised Statutes Title 38 Sec. 582
  • Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72