GENERAL ASSEMBLY OF NORTH CAROLINA

1989 SESSION

 

 

CHAPTER 949

HOUSE BILL 2269

 

AN ACT TO ALLOW A SUPERIOR COURT JUDGE TO ENTER JUDGMENT IN A CAVEAT PROCEEDING IN ACCORDANCE WITH A SETTLEMENT AGREEMENT ENTERED INTO BY THE PARTIES, EITHER SUSTAINING OR SETTING ASIDE THE WILL.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Article 6 of Chapter 31 of the General Statutes is amended by adding a new section to read:

"§ 31-37.1.  Parties may enter into a settlement agreement.

Prior to an entry of judgment by the superior court in a caveat proceeding, the parties may enter into a settlement agreement, whereupon judgment may be entered by the court, without a verdict by a jury, in accordance with the terms of the settlement agreement, either sustaining or setting aside the contested will."

Sec. 2.  This act shall become effective October 1, 1990, and shall apply to all caveats to wills whether filed on, before or after that date.

In the General Assembly read three times and ratified this the 17th day of July, 1990.