State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_47 > GS_47-12_1

§47‑12.1.  Proof of attested instrument by proof of handwriting.

(a)        If all subscribingwitnesses have died or have left the State or have become of unsound mind orotherwise incompetent or unavailable, the execution of such instrument, exceptas provided by G.S. 47‑12.2, may be proved for registration, before anyofficial authorized by law to take proof of such an instrument, by a statementunder oath that the affiant knows the handwriting of the maker and that thepurported signature of the maker is in the handwriting of the maker, or by astatement under oath that the affiant knows the handwriting of a particularsubscribing witness and that the purported signature of such subscribingwitness is in the handwriting of such subscribing witness.

(b)        Nothing in thissection in anywise affects any of the requirements set out in G.S. 52‑10or 52‑10.1. (1899, c. 235, s. 12; Rev., s. 997; C.S., s. 3303;1935, c. 168; 1937, c. 7; 1945, c. 73, s. 11; 1947, c. 991, s. 1; 1949, c. 815,ss. 1, 2; 1951, c. 379, s. 1; 1977, c. 375, s. 12.)