State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_28C > GS_28C-1


Estates of Missing Persons.

§ 28C‑1.  Death notpresumed from seven years' absence; exposure to peril to be considered.

(a)        Death Not to BePresumed from Mere Absence. – In any action under this Chapter, where the deathof a person and the date thereof, or either, is in issue the fact that he hasbeen absent from his place of residence, unheard of for seven years, or for anyother period, creates no presumption requiring the judge or the jury to findthat he is now deceased. The issue shall be decided by the judge as one of factupon the evidence.

(b)        Exposure toSpecific Peril to Be Considered. – If during such absence the person has beenexposed to a specific peril of death, this fact shall be considered by thejudge; or if there be a jury, shall be sufficient evidence to be submitted tothe jury. (1965, c. 815, s. 1; 1973, c. 1329, s. 2.)