Terms Used In North Carolina General Statutes > Chapter 29 > Article 2 - Shares of Persons Who Take upon Intestacy

• Decedent: A deceased person.
• 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}
• Estate: means all the property of a decedent, including but not limited to:

  a. See North Carolina General Statutes 29-2

• Heir: means any person entitled to take real or personal property upon intestacy under the provisions of this Chapter. See North Carolina General Statutes 29-2
• Intestate: Dying without leaving a will.
• Lineal descendant: Direct descendant of the same ancestors.
• Net estate: means the estate of a decedent, exclusive of family allowances, costs of administration, and all lawful claims against the estate. See North Carolina General Statutes 29-2
• Personal property: All property that is not real property.
• personal property: shall include moneys, goods, chattels, choses in action and evidences of debt, including all things capable of ownership, not descendable to heirs at law. See North Carolina General Statutes 12-3
• property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Share: when used to describe the share of a net estate or property which any person is entitled to take, includes both the fractional share of the personal property and the undivided fractional interest in the real property, which the person is entitled to take. See North Carolina General Statutes 29-2
• state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3