NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 88

HOUSE BILL 260

 

 

AN ACT TO ABOLISH THE DOCTRINE OF WORTHIER TITLE IN ALL OF ITS FORMS AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Chapter 41 of the General Statutes is hereby amended by adding thereto a new section to read as follows:

"§ 41-6.2.  Doctrine of worthier title abolished. — (a) The law of this State does not include: (1) the common-law rule of worthier title that a grantor or testator cannot convey or devise an interest to his own heirs, or (2) a presumption or rule of interpretation that a grantor or testator does not intend, by a grant, devise or bequest to his own heirs or next of kin, to transfer an interest to them. The meaning of a grant, devise or bequest of a legal or equitable interest to a grantor's or testator's own heirs or next of kin, however designated, shall be determined by the general rules applicable to the interpretation of grants or wills.

(b)        Subdivision (a)(1) of this section shall apply to all revocable trusts in existence as of the effective date of this section and to all instruments, including revocable trusts, becoming effective after the effective date of this section, and subdivision (a)(2) of this section shall apply to all instruments in existence as of the effective date of this Article and to all instruments becoming effective after the effective date of this section. If the application of this section to any instrument is held invalid, its application to other instruments to which it may validly be applied shall not be affected thereby."

Sec. 2.  G.S. 28A-1-2 is hereby repealed.

Sec. 3.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 26th day of February, 1979.