State Codes and Statutes

Statutes > North-carolina > Chapter_41 > GS_41-6_2

§41‑6.2.  Doctrine of worthier title abolished.

(a)        The law of thisState does not include: (i) the common‑law rule of worthier title that agrantor or testator cannot convey or devise an interest to his own heirs, or(ii) a presumption or rule of  interpretation that a grantor or testator doesnot intend, by a grant, devise or bequest to his own heirs or next of kin, totransfer an interest to them. The meaning of a grant, devise or bequest of alegal or equitable interest to a grantor's or testator's own heirs or next ofkin, however designated, shall be determined by the general rules applicable tothe interpretation of grants or wills.

(b)        Subdivision (a)(i)of this section shall apply to all revocable trusts in existence as of February26, 1979 and to all instruments, including revocable trusts, becoming effectiveafter February 26, 1979, and subdivision (a)(ii) of this section shall apply toall instruments in existence as of February 26, 1979 and to all instrumentsbecoming effective after February 26, 1979. If the application of this sectionto any instrument is held invalid, its application to other instruments towhich it may validly be applied shall not be affected thereby. (1979,c. 88, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_41 > GS_41-6_2

§41‑6.2.  Doctrine of worthier title abolished.

(a)        The law of thisState does not include: (i) the common‑law rule of worthier title that agrantor or testator cannot convey or devise an interest to his own heirs, or(ii) a presumption or rule of  interpretation that a grantor or testator doesnot intend, by a grant, devise or bequest to his own heirs or next of kin, totransfer an interest to them. The meaning of a grant, devise or bequest of alegal or equitable interest to a grantor's or testator's own heirs or next ofkin, however designated, shall be determined by the general rules applicable tothe interpretation of grants or wills.

(b)        Subdivision (a)(i)of this section shall apply to all revocable trusts in existence as of February26, 1979 and to all instruments, including revocable trusts, becoming effectiveafter February 26, 1979, and subdivision (a)(ii) of this section shall apply toall instruments in existence as of February 26, 1979 and to all instrumentsbecoming effective after February 26, 1979. If the application of this sectionto any instrument is held invalid, its application to other instruments towhich it may validly be applied shall not be affected thereby. (1979,c. 88, s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_41 > GS_41-6_2

§41‑6.2.  Doctrine of worthier title abolished.

(a)        The law of thisState does not include: (i) the common‑law rule of worthier title that agrantor or testator cannot convey or devise an interest to his own heirs, or(ii) a presumption or rule of  interpretation that a grantor or testator doesnot intend, by a grant, devise or bequest to his own heirs or next of kin, totransfer an interest to them. The meaning of a grant, devise or bequest of alegal or equitable interest to a grantor's or testator's own heirs or next ofkin, however designated, shall be determined by the general rules applicable tothe interpretation of grants or wills.

(b)        Subdivision (a)(i)of this section shall apply to all revocable trusts in existence as of February26, 1979 and to all instruments, including revocable trusts, becoming effectiveafter February 26, 1979, and subdivision (a)(ii) of this section shall apply toall instruments in existence as of February 26, 1979 and to all instrumentsbecoming effective after February 26, 1979. If the application of this sectionto any instrument is held invalid, its application to other instruments towhich it may validly be applied shall not be affected thereby. (1979,c. 88, s. 1.)

Categories