Terms Used In North Dakota Code > Chapter 30.1-06 - Spouse and Children Unprovided for in Wills

• children: includes children by birth and by adoption. See North Dakota Code 1-01-18
• Devise: To gift property by will.
• 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.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Intestate: Dying without leaving a will.
• Property: includes property, real and personal. See North Dakota Code 1-01-49
• Testator: A male person who leaves a will at death.