NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 995

SENATE BILL 454

 

 

AN ACT TO AMEND THE TERMS OF GENERAL STATUTES 31-27 RELATING TO CERTIFIED COPY OF WILL OF NONRESIDENT RECORDED.

 

The General Assembly of North Carolina do enact:

 

Section 1.  General Statutes 31-27 is hereby amended by substituting for the last sentence thereof, the following:

"Any such will containing any devise or disposition of real estate in this State shall be valid to pass title to or otherwise dispose of such real estate provided the will is executed according to the laws of this State, notwithstanding the fact that said will was not probated in accordance with the laws of this State, and provided that the execution of said will according to the laws of this State must appear affirmatively from the testimony of a witness or witnesses to such will, or from findings of fact or recitals in the order of probate, or otherwise (to the satisfaction of the Clerk of the Superior Court of the county in which such will is offered for probate), in such certified copy or exemplification of the will and probate proceedings, and if it does not so appear, the Clerk before whom the copy is exhibited shall have power to issue a commission for taking proof touching the execution of the will, as prescribed in Section 31-23, and the same may be adjudged duly proved, and shall be recorded as herein provided. Any copy of a will of a nonresident heretofore allowed, filed and recorded in this State in compliance with the foregoing shall be valid to pass title to or otherwise dispose of real estate in this State."

Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 14th day of June, 1965.