NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 848

HOUSE BILL 318

 

 

AN ACT TO REWRITE G.S. 29-30(a) TO ENUMERATE CLASSES OF REAL PROPERTY NOT SUBJECT TO THE ELECTIVE LIFE INTEREST OF A SURVIVING SPOUSE.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Subsection (a) of G.S. 29-30, as the same appears in the 1963 Cumulative Supplement to the General Statutes, is hereby amended by rewriting the subsection to read as follows:

"(a)       In lieu of the share provided in G.S. 29-14 or 29-21, the surviving spouse of an intestate or the surviving spouse who dissents from the will of a testator shall be entitled to take as his or her intestate share a life estate in one-third in value of all the real estate of which the deceased spouse was seised and possessed of an estate of inheritance at any time during coverture, except that real estate as to which the surviving spouse:

(1)        has waived his or her rights by joining with the other spouse in a conveyance thereof, or

(2)        has released or quitclaimed his or her interest therein in accordance with G.S. 52-10, or

(3)        was not required by law to join in conveyance thereof in order to bar the elective life estate, or

(4)        is otherwise not legally entitled to the election provided in this Section."

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  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.  This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 8th day of June, 1965.