Montana Code Annotated 1997

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     72-16-101. Definitions. In parts 1 through 8, the following definitions apply:
     (1) "County treasurer", "public administrator", and "county attorney" mean the treasurer, public administrator, and county attorney of the county in which the district court has jurisdiction of the proceedings.
     (2) "Decedent" includes the testator, intestate, grantor, bargainor, vendor, or donor.
     (3) "Estate" and "property" mean the real and personal property or interest in the property passing or transferred to individual legatees, devisees, heirs, next of kin, grantees, donees, or vendees and not the property or interest in the property of the decedent, grantor, donor, or vendor and include all personal property within or outside of the state.
     (4) "Intangible" or "intangible property", when used without other qualifications, includes but is not limited to all money, stocks, bonds, notes, securities, leaseholds, contracts, and credits of all kinds, secured or unsecured.
     (5) "Joint" and "jointly" refer to ownership of property by two or more persons having as one of the incidents of the ownership the right of survivorship in the surviving owner or owners upon the death of one of the owners. This definition does not affect the concept of property owned as tenants in common, and this type of ownership continues to be recognized when applicable.
     (6) "Transfer" includes the passing of property or any interest in the property, in possession or enjoyment, present or future, by inheritance, descent, devise, succession, bequest, grant, deed, bargain, sale, gift, or appointment in the manner prescribed in parts 1 through 8 to each individual or corporation.

     History: En. Sec. 22, Ch. 65, L. 1923; re-en. Sec. 10400.43, R.C.M. 1935; amd. Sec. 7, Ch. 490, L. 1977; R.C.M. 1947, 91-4453; amd. Sec. 2, Ch. 288, L. 1997.

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