Bill Text: NC S252 | 2011-2012 | Regular Session | Amended
Bill Title: Devisee/Devise/Statutory Construction
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-06-24 - Ch. SL 2011-284 [S252 Detail]
Download: North_Carolina-2011-S252-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
S 1
SENATE BILL 252*
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Short Title: Devisee/Devise/Statutory Construction. |
(Public) |
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Sponsors: |
Senator Hartsell. |
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Referred to: |
Judiciary I. |
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March 9, 2011
A BILL TO BE ENTITLED
AN ACT TO apply throughout the general statutes the definition of "DEVISEE" found in chapter 28a of the general statutes relating to the administration of decedents' estates and to define "DEVISE" consistently with that definition, TO MAKE THE USAGE OF THESE TERMS MORE UNIFORM throughout the general statutes, AND TO MAKE TECHNICAL CHANGES TO SECTIONS OF THE GENERAL STATUTES OTHERWISE AMENDED BY THIS ACT, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.
The General Assembly of North Carolina enacts:
PART I. DEFINE "DEVISE" AND "DEVISEE" IN CHAPTER 12.
SECTION 1. G.S. 12‑3 reads as rewritten:
"§ 12‑3. Rules for construction of statutes.
In the construction of all statutes the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the General Assembly, or repugnant to the context of the same statute, that is to say:
(14) "Devisee" and "Devise". The word "devisee," wherever used in any of the statutes, shall be construed to mean "devisee" as defined in G.S. 28A‑1‑1. The word "devise," wherever used in any of the statutes as a noun, shall be construed to mean a testamentary disposition of real or personal property and, wherever used in any of the statutes as a verb, shall be construed to mean to dispose of real or personal property by will."
PART II. UNIFORM USAGE; CLARIFYING AND TECHNICAL AMENDMENTS.
SECTION 2. G.S. 1‑255 reads as rewritten:
"§ 1‑255. Who may apply for a declaration.
Any person interested as or through an executor,
administrator, trustee, guardian or other fiduciary, creditor, devisee, legatee,
heir, next of kin, or cestui que trust, in the administration of a trust, or of
the estate of a decedent, an infant, lunatic, or insolvent, may have a
declaration of rights or legal relations in respect thereto:
(1) To ascertain any class of creditors, devisees, legatees,
heirs, next of kin or others; or
. "
SECTION 3. G.S. 1‑313 reads as rewritten:
"§ 1‑313. Form of execution.
The execution must be directed to the sheriff, or to the
coroner when the sheriff is a party to or interested in the action. In those
counties where the office of coroner is abolished, or is vacant, and in which
process is required to be executed on the sheriff, the authority to execute
such process shall be vested in the clerk of court; however, the clerk of court
is hereby empowered to designate and direct by appropriate order some person to
act in his the clerk of court's stead to execute the same. The
execution must also be subscribed by the clerk of the court, and must refer to
the judgment, stating the county where the judgment roll or transcript is
filed, the names of the parties, the amount of the judgment, if it is for
money, the amount actually due thereon, and the time of docketing in the county
to which the execution is issued, and shall require the officer substantially
as follows:
(2) Against Property in Hands of Personal
Representative. If it is against real or personal property in the hands of
personal representatives, heirs, devisees, legatees, tenants of real
property or trustees it shall require the officer to satisfy the judgment out
of such property.
. "
SECTION 4. G.S. 1‑339.23(a) reads as rewritten:
"(a) When any person interested as a creditor, legatee,
devisee, distributee, or otherwise, in the proceeds of a public sale of
personal property, objects at the sale to the completion of the sale of any
article of property on account of the insufficiency of the amount bid, title to
such property shall not pass and possession of the property shall not be
delivered until the sale of such property is reported and is confirmed by the
judge or clerk of court having jurisdiction; but such objection to the
completion of the sale of any article of property shall not prevent the completion
of the sales of articles of property to which no objection is made where the
same have been separately sold. When a judge or clerk having jurisdiction fails
or refuses to confirm a sale of property which has thus been objected to, the
procedure for a new sale of such property, including a new order of sale, shall
be the same as if no such attempted sale has been held. This subsection shall
not apply to perishable property sold pursuant to G.S. 1‑339.19."
SECTION 5. G.S. 1A‑1, Rule 27, reads as rewritten:
"Rule 27. Depositions before action or pending appeal.
(a) Before action.
(1) Petition. A person who desires to perpetuate his
that person's own testimony or that the testimony of
another person regarding any matter may file a verified petition in the
appropriate court in a county where any expected adverse party resides. The
petition shall be entitled in the name of the petitioner and shall show: (i)
that the petitioner expects that he, the petitioner, or his
the petitioner's personal representative, heirs, legatees heirs
or devisees, will be a party to an action cognizable in any court, but that he
the petitioner is presently unable to bring it or cause it to be
brought, (ii) the subject matter of the expected action and his the
petitioner's reasons for desiring to perpetuate it, (iii) the facts which he
the petitioner desires to establish by the proposed testimony and his
the petitioner's reasons for desiring to perpetuate it, (iv) the names
or a description of the persons he the petitioner expects will be
adverse parties and their addresses so far as known, and (v) the names and
addresses of the persons to be examined and the substance of the testimony
which he the petitioner expects to elicit from each, and shall
ask for an order authorizing the petitioner to take the depositions of the
persons to be examined named in the petition, for the purpose of perpetuating
their testimony.
(2) Notice and Service. The petitioner shall thereafter serve a notice upon each person named in the petition as an expected adverse party, together with a copy of the petition, stating that the petitioner will apply to the court, at a time and place named therein, for the order described in the petition. At least 20 days before the date of hearing (or within such time as the court may direct) the notice shall be served in the manner provided in Rule 4(j)(1) or (2) for service of summons; but if such service cannot with due diligence be made upon any expected adverse party named in the petition, the court may make such order as is just for service by publication or otherwise, and shall appoint, for persons not served in the manner provided in Rule 4(j)(1) or (2), an attorney who shall represent them, in case they are not otherwise represented. If any expected adverse party is a minor or incompetent the provisions of Rule 17(c) apply.
(3) Order and Examination. If the court is satisfied that the perpetuation of the testimony may prevent a failure or delay of justice, it shall make an order designating or describing the persons whose depositions may be taken and specifying the subject matter of the examination and whether the depositions shall be taken upon oral examination or written questions. The depositions may then be taken in accordance with these rules; and the court may make orders of the character provided for by Rules 34 and 35. For the purpose of applying these rules to depositions for perpetuating testimony, each reference therein to the court in which the action is pending shall be deemed to refer to the court in which the petition for such deposition was filed.
(4) Use of Deposition. If a deposition to perpetuate testimony is taken under these rules or if, although not so taken, it would be admissible in evidence in the courts of the United States or the state in which it is taken, it may be used in any action involving the same subject matter subsequently brought in a court of this State in accordance with the provisions of Rule 32(a), or in any other court under whose rules it is admissible.
(b) Pending appeal. If an appeal has been taken from
the determination of any court or if petition for review or certiorari has been
served and filed, or before the taking of an appeal or the filing of a petition
for review or certiorari if the time therefor has not expired, the court in
which the determination was made may allow the taking of the depositions of
witnesses to perpetuate their testimony for use in the event of further
proceedings in the trial court. In such case the party who desires to
perpetuate the testimony may make a motion in the trial court for leave to take
the depositions, upon the same notice and service thereof as if the action was
pending in the trial court. The motion shall show (i) the names and addresses
of the persons to be examined and the substance of the testimony which he
the party expects to elicit from each; (ii) the reasons for perpetuating
their testimony. If the court finds that the perpetuation of the testimony is
proper to avoid a failure or delay of justice, it may make an order allowing
the depositions to be taken and may make orders of the character provided for
by Rules 34 and 35, and thereupon the depositions may be taken and used in the
same manner and under the same conditions as are prescribed in these rules for
depositions taken in actions pending in the trial court.
(c) Perpetuation by action. This rule does not limit the power of a court to entertain an action to perpetuate testimony."
SECTION 6. G.S. 1C‑1604(b) reads as rewritten:
"(b) Exempt property which passes by bequest,
devise, intestate succession or gift to a dependent spouse, child or person to
whom the debtor stands in loco parentis, continues to be exempt while held by
that person. The exemption is terminated if the spouse remarries, or, with
regard to a dependent, when the court determinates that dependency no longer
exists."
SECTION 7. G.S. 7A‑498.6(b) reads as rewritten:
"(b) The Director shall:
(6) Apply for and accept on behalf of the Office of
Indigent Defense Services any funds that may become available from government
grants, private gifts, donations, or bequests devises from any
source;
. "
SECTION 8. G.S. 11‑11 reads as rewritten:
"§ 11‑11. Oaths of sundry persons; forms.
The oaths of office to be taken by the several persons hereafter named shall be in the words following the names of said persons respectively, after taking the separate oath required by Article VI, Section 7 of the Constitution of North Carolina:
Executor
You swear (or affirm) that you believe this writing to be and
contain the last will and testament of A. B., deceased; and that you will well
and truly execute the same by first paying his debts and then his
legacies, devises, as far as the said decedent's
estate shall extend or the law shall charge you; and that you will well and
faithfully execute the office of an executor, agreeably to the trust and
confidence reposed in you, and according to law; so help you, God.
. "
SECTION 9. G.S. 14‑315(a1) reads as rewritten:
"(a1) Sale of Handguns. If a person sells, offers for sale, gives, or in any way transfers to a minor any handgun as defined in G.S. 14‑269.7, the person is guilty of a Class H felony and, in addition, shall forfeit the proceeds of any sale made in violation of this section. This section does not apply in any of the following circumstances:
(1) The handgun is lent to a minor for temporary use if the minor's possession of the handgun is lawful under G.S. 14‑269.7 and G.S. 14‑316 and is not otherwise unlawful.
(2) The handgun is transferred to an adult custodian pursuant to Chapter 33A of the General Statutes, and the minor does not take possession of the handgun except that the adult custodian may allow the minor temporary possession of the handgun in circumstances in which the minor's possession of the handgun is lawful under G.S. 14‑269.7 and G.S. 14‑316 and is not otherwise unlawful.
(3) The handgun is a devise or legacy and is
distributed to a parent or guardian under G.S. 28A‑22‑7, and
the minor does not take possession of the handgun except that the parent or guardian
may allow the minor temporary possession of the handgun in circumstances in
which the minor's possession of the handgun is lawful under G.S. 14‑269.7
and G.S. 14‑316 and is not otherwise unlawful."
SECTION 10. G.S. 14‑401.12(b) reads as rewritten:
"(b) Definitions. Unless a different meaning is required by the context, the following terms as used in this section have the meanings hereinafter respectively ascribed to them:
(2) "Contribution" shall mean any promise,
gift, bequest, devise or other grant for consideration or otherwise, of
any money or property of any kind or value, including the promise to pay, which
contribution is wholly or partly induced by a solicitation. The term "contribution"
shall not include payments by members of an organization for membership fees,
dues, fines or assessments, or for services rendered to individual members, if
membership in such organization confers a bona fide right, privilege,
professional standing, honor or other direct benefit, other than the right to vote,
elect officers, or hold offices; nor any money, credit, financial assistance or
property received from any governmental authority; nor any donation of blood or
any anatomical gift made pursuant to the Revised Uniform Anatomical Gift Act.
Reference to dollar amounts of "contributions" or "solicitations"
in this section means, in the case of payments or promises to pay for
merchandise or rights of any description, the value of the total amount paid or
promised to be paid for such merchandise or rights, and not merely that portion
of the purchase price to be applied to a charitable purpose.
. "
SECTION 11. G.S. 15A‑1465(a) reads as rewritten:
"(a) The Commission shall employ a Director. The
Director shall be an attorney licensed to practice in North Carolina at the
time of appointment and at all times during service as Director. The Director
shall assist the Commission in developing rules and standards for cases
accepted for review, coordinate investigation of cases accepted for review,
maintain records for all case investigations, prepare reports outlining
Commission investigations and recommendations to the trial court, and apply for
and accept on behalf of the Commission any funds that may become available from
government grants, private gifts, donations, or bequests devises
from any source."
SECTION 12. G.S. 15A‑1466 reads as rewritten:
"§ 15A‑1466. Duties.
The Commission shall have the following duties and powers:
(6) To apply for and accept any funds that may become
available for the Commission's work from government grants, private gifts,
donations, or bequests devises from any source."
SECTION 13. G.S. 18B‑701(a) reads as rewritten:
"(a) Powers. A local board shall have authority to:
(10) Buy and lease real and personal property, and
receive property bequeathed devised or given, as necessary for
the operation of the ABC system;
. "
SECTION 14. G.S. 20‑77(b) reads as rewritten:
"(b) In the event of transfer as upon inheritance,
devise or bequest, inheritance or devise, the Division shall, upon a
receipt of a certified copy of a will, letters of administration and/or a
certificate from the clerk of the superior court showing that the motor vehicle
registered in the name of the decedent owner has been assigned to his widow
the owner's surviving spouse as part of her year's support, the
spousal year's allowance, transfer both title and license as otherwise
provided for transfers. If a decedent dies intestate and no administrator has
qualified or the clerk of superior court has not issued a certificate of
assignment as part of the widow's spousal year's allowance, or if
a decedent dies testate with a small estate and leaving a purported will,
which, in the opinion of the clerk of superior court, does not justify the
expense of probate and administration and probate and administration is not
demanded by any interested party entitled by law to demand same, and provided
that the purported will is filed in the public records of the office of the
clerk of the superior court, the Division may upon affidavit executed by all
heirs effect such transfer. The affidavit shall state the name of the decedent,
date of death, that the decedent died intestate or testate and no
administration is pending or expected, that all debts have been paid or that
the proceeds from the transfer will be used for that purpose, the names, ages
and relationship of all heirs and devisees (if there be a purported will), and
the name and address of the transferee of the title. A surviving spouse may
execute the affidavit and transfer the interest of the decedent's minor or
incompetent children where such minor or incompetent does not have a guardian.
A transfer under this subsection shall not affect the validity nor be in
prejudice of any creditor's lien."
SECTION 15. G.S. 28A‑13‑4 reads as rewritten:
"§ 28A‑13‑4. Continuance of farming operations of deceased persons.
When any person dies while engaged in farming operations, his
the personal representative is authorized to continue such farming
operations until the end of the current calendar year, and until all crops
grown during that year are harvested. The net income from such farming
operations shall be personal assets of the estate. Any indebtedness incurred in
connection with such farming operations after the date of death shall be preferred
over the claims of any heir, legatee, devisee, distributee, general or
unsecured creditor of said estate. Nothing herein contained shall limit the
powers of a personal representative under the terms of a will."
SECTION 16. G.S. 28A‑18‑2(a) reads as rewritten:
"(a) When the death of a person is caused by a
wrongful act, neglect or default of another, such as would, if the injured
person had lived, have entitled him the injured person to an
action for damages therefor, the person or corporation that would have been so
liable, and his or her or their personal representatives or collectors,
shall be liable to an action for damages, to be brought by the personal
representative or collector of the decedent; and this notwithstanding the
death, and although the wrongful act, neglect or default, causing the death,
amounts in law to a felony. The personal representative or collector of the
decedent who pursues an action under this section may pay from the assets of
the estate the reasonable and necessary expenses, not including attorneys'
fees, incurred in pursuing the action. At the termination of the action, any
amount recovered shall be applied first to the reimbursement of the estate for
the expenses incurred in pursuing the action, then to the payment of attorneys'
fees, and shall then be distributed as provided in this section. The amount
recovered in such action is not liable to be applied as assets, in the payment
of debts or legacies, devises, except as to burial expenses of
the deceased, and reasonable hospital and medical expenses not exceeding four
thousand five hundred dollars ($4,500) incident to the injury resulting in
death, except that the amount applied for hospital and medical expenses shall
not exceed fifty percent (50%) of the amount of damages recovered after
deducting attorneys' fees, but shall be disposed of as provided in the
Intestate Succession Act. The limitations on recovery for hospital and medical
expenses under this subsection do not apply to subrogation rights exercised
pursuant to G.S. 135‑40.13A. All claims filed for such services
shall be approved by the clerk of the superior court and any party adversely
affected by any decision of said clerk as to said claim may appeal to the
superior court in term time."
SECTION 17. G.S. 28A‑22‑5 reads as rewritten:
"§ 28A‑22‑5.
Distribution of assets in kind in satisfaction of bequests devises
and transfers in trust.
(a) Subject to the provisions of subsection (b) of
this section, whenever under any will or trust indenture the executor, trustee
or other fiduciary is required to, or has an option to, satisfy a bequest
devise or transfer in trust by a transfer of assets of the estate or
trust in kind at the values as finally determined for federal estate tax
purposes, the executor, trustee or other fiduciary shall, in the absence of
contrary provisions in such will or trust indenture, be required to satisfy
such bequest devise or transfer by the distribution of assets
fairly representative of the appreciation or depreciation in the value of all
property available for distribution in satisfaction of such bequest devise
or transfer.
(b) The provisions of subsection (a) of this section shall not apply unless either:
(1) The decedent's surviving spouse is the beneficiary
of the bequest devise or trust transfer described in subsection
(a) of this section or of the residue of the estate or trust; or
(2) Any "skip person", as that term is
defined in Chapter 13 of the Internal Revenue Code of 1986, as amended, is or
may be a current or future beneficiary of the bequest devise or
trust transfer described in subsection (a) of this section or of the residue of
the estate or trust, and the value of the decedent's gross estate for federal
tax purposes exceeds the value of the decedent's unused generation‑skipping
tax exemption available under Chapter 13 of the Internal Revenue Code of 1986,
as amended."
SECTION 18. G.S. 28A‑22‑6 reads as rewritten:
"§ 28A‑22‑6. Agreements with taxing authorities to secure benefit of federal marital deduction.
The executor, trustee, or other fiduciary having
discretionary powers under a will or trust indenture with respect to the
selection of assets to be distributed in satisfaction of a bequest devise
or transfer in trust to or for the benefit of the surviving spouse of a decedent
shall be authorized to enter into agreements with the Commissioner of Internal
Revenue of the United States of America, and other taxing authorities,
requiring the fiduciary to exercise the fiduciary's discretion so that cash and
other properties distributed in satisfaction of such bequest devise
or transfer in trust will be fairly representative of the net appreciation or
depreciation in value on the date, or dates, of distribution of all property
then available for distribution in satisfaction of such bequest devise
or transfer in trust. Any such fiduciary shall be authorized to enter into any
other agreement not in conflict with the express terms of the will or trust
indenture that may be necessary or advisable in order to secure for federal
estate tax purposes the appropriate marital deduction available under the
Internal Revenue Laws of the United States of America and to do and perform all
acts incident to such purpose."
SECTION 19. G.S. 28A‑22‑7 reads as rewritten:
"§ 28A‑22‑7. Distribution to parent or guardian of a minor.
(a) If a devise or legacy of personal property
to a person under the age of 18 has a total value of less than one thousand
five hundred dollars ($1,500), and the devisee or legatee is residing in
the same household with a parent or a guardian appointed prior to the decedent's
death, the personal representative may distribute to the parent or guardian the
devise or legacy. devise. However, such distribution shall only
be made with the prior approval of the clerk of court who issued the letters
testamentary or of administration.
(b) If such distribution has been made the parent or
guardian shall use the property solely for the education, maintenance and
support of the devisee or legatee. devisee. However, the parent
or guardian shall not be required to file an accounting with the clerk of court
or to the personal representative, nor shall such distribution be cause for a
delay in the filing of the personal representative's final account under the
provisions of Article 21 of this Chapter.
(c) This section establishes a procedure that is separate from the provisions of G.S. 33‑69.1 and it is not the intention of this section to repeal in whole or in part the provisions of G.S. 33‑69.1.
(d) This section may also be applied to several
devises or legacies of personal property to a single devisee or
legatee having a combined total value of less than one thousand five
hundred dollars ($1,500)."
SECTION 20. G.S. 28A‑23‑3(b) reads as rewritten:
"(b) In determining the amount of the commissions,
both upon personal property received and upon expenditures made, the clerk of
superior court shall consider the time, responsibility, trouble and skill
involved in the management of the estate. Where real property is sold to pay
debts or legacies, devises, the commission shall be computed only
on the proceeds actually applied in the payment of debts or legacies. devises."
SECTION 21.(a) G.S. 28A‑27‑5(a) reads as rewritten:
"(a) Any interest for which a deduction or
exemption is allowed under the federal revenue laws in determining the value of
the decedent's net taxable estate, such as property passing to or in trust for
a surviving spouse and gifts or bequests devises for charitable,
public, or similar purposes, shall not be included in the computation provided
for in G.S. 28A‑27‑2 to the extent of the allowable deduction
or exemption. When such an interest is subject to a prior present interest
which is not allowable as a deduction or exemption, such present interest shall
not be included in the computation provided for in this Article and no tax
shall be apportioned to or paid from principal."
SECTION 21.(b) G.S. 28A‑27‑5(d) reads as rewritten:
"(d) To the extent that property passing to or in
trust for a surviving spouse or any charitable, public, or similar gift or bequest
devise does not constitute an allowed deduction for purposes of the tax
solely by reason of an inheritance tax or other death tax imposed upon and
deductible from the property, the property shall not be included in the
computation provided for in this Article, and to that extent no apportionment
shall be made against the property. This section does not apply in any instance
where the result will be to deprive the estate of a deduction otherwise
allowable under Section 2053(d) of the Internal Revenue Code of 1954 of the
United States or corresponding provisions of any subsequent tax law, relating
to deduction for State death taxes on transfers for public, charitable, or
religious uses."
SECTION 22. G.S. 29‑30(c1) reads as rewritten:
"(c1) The notice of election shall:
(1) Be directed to the clerk with whom filed;
(2) State that the surviving spouse making the same elects to take under this section rather than under the provisions of G.S. 29‑14, 29‑21, or 30‑3.1, as applicable;
(3) Set forth the names of all heirs, devisees, legatees,
personal representatives and all other persons in possession of or claiming an
estate or an interest in the property described in subsection (a); and
(4) Request the allotment of the life estate provided for in subsection (a)."
SECTION 23. G.S. 30‑23 reads as rewritten:
"§ 30‑23. Right of appeal.
The personal representative, or the surviving spouse, or
child by his a guardian or next friend, or any creditor, legatee
devisee, or heir of the deceased, may appeal from the finding of the
magistrate or clerk of court to the superior court of the county, and, within
10 days after the assignment, cite the adverse party to appear before such
court on a certain day, not less than five nor exceeding 10 days after the
service of the citation."
SECTION 24. G.S. 30‑28 reads as rewritten:
"§ 30‑28. Nature of proceeding; parties.
The application shall be by summons, as is prescribed for
special proceedings, in which the personal representative of the deceased, if
there be one other than the plaintiff, the largest known creditor, or legatee,
devisee, or some distributee of the deceased, living in the county,
shall be made defendant, and the proceedings shall be as prescribed for special
proceedings between parties."
SECTION 25. G.S. 30‑32 reads as rewritten:
"§ 30‑32. Exceptions to the report.
The personal representative, or any creditor, distributee
or legatee distributee, or devisee of the deceased, within 10 days
after the return of the report, may file exceptions thereto. The plaintiff
shall be notified thereof and cited to appear before the court on a certain
day, within 20 and not less than 10 days after service of the notice, and
answer the same; the case shall thereafter be proceeded in, heard and decided
as provided in special proceedings between parties."
SECTION 26. G.S. 31‑3.2 reads as rewritten:
"§ 31‑3.2. Kinds of wills.
(a) Personal property may be bequeathed and
real property may be devised by
(1) An attested written will which complies with the requirements of G.S. 31‑3.3, or
(2) A holographic will which complies with the requirements of G.S. 31‑3.4.
(b) Personal property may also be bequeathed devised
by a nuncupative will which complies with the requirements of G.S. 31‑3.5."
SECTION 27. G.S. 31‑13 reads as rewritten:
"§ 31‑13. Executor failing, beneficiary may apply.
If no executor apply to have the will proved within 60 days
after the death of the testator, any devisee or legatee named in the
will, or any other person interested in the estate, may make such application,
upon 10 days' notice thereof to the executor."
SECTION 28. G.S. 31‑14 reads as rewritten:
"§ 31‑14.
Clerk to notify legatees and devisees of probate of wills.
The clerks of the superior court of the State are hereby
required and directed to notify by mail, all legatees and devisees whose
addresses are known, designated in wills filed for probate in their respective
counties. All expense incident to such notification shall be deemed a proper
charge in the administration of the respective estates."
SECTION 29. G.S. 31‑16 reads as rewritten:
"§ 31‑16. What shown on application for probate.
On application to the clerk of the superior court, he must ascertain by affidavit of the applicant
(1) That such applicant is the executor, devisee or
legatee executor or devisee named in the will, or is some other
person interested in the estate, and how so interested.
. "
SECTION 30. G.S. 31‑18.4 reads as rewritten:
"§ 31‑18.4. Probate of wills of members of the armed forces.
In addition to the methods already provided in existing
statutes therefor, a will executed by a person while in the armed forces of the
United States or the merchant marine, shall be admitted to probate (whether
there were subscribing witnesses thereto or not, if they, or either of them, is
out of the State at the time said will is offered for probate) upon the oath of
at least three credible witnesses that the signature to said will is in the
handwriting of the person whose will it purports to be. Such will so proven
shall be effective to devise real property as well as to bequeath
personal estate of all kinds. This section shall not apply to cases pending
in courts and at issue on the date of its ratification."
SECTION 31. G.S. 31‑30 reads as rewritten:
"§ 31‑30. Validation of wills recorded without probate by subscribing witnesses.
In all cases where wills and testaments were executed prior
to the first day of January, 1875, and which appear as recorded in the record
of last wills and testaments to have had two or more witnesses thereto, and
such last wills and testaments were admitted to probate and recorded in the
record of wills in the proper county in this State prior to the first day of
January, 1888, without having been duly proven as provided by law, and such
wills were presented to the clerk of the superior court in any county in this
State where the makers of said wills owned property, and where the makers of
such wills lived and died, and were by such clerks recorded in the record of
wills for his that county, said wills and testaments or
exemplified copies or certified true copies thereof, so recorded, if otherwise
sufficient, shall have the effect to pass the title to real or personal
property, or both, therein devised and bequeathed, devised, to
the same extent and as completely as if the execution thereof had been duly
proven by the two subscribing witnesses thereto in the manner provided by law
of this State. Nothing herein shall be construed to prevent such wills from
being impeached for fraud."
SECTION 32. G.S. 31‑33 reads as rewritten:
"§ 31‑33. Bond given and cause transferred to trial docket.
When a caveator shall have given bond with surety approved by
the clerk, in the sum of two hundred dollars ($200.00), payable to the
propounder of the will, conditioned upon the payment of all costs which shall
be adjudged against such caveator in the superior court or when a caveator
shall have deposited money or given a mortgage in lieu of such bond, or shall
have filed affidavits and satisfied the clerk of his the caveator's
inability to give such bond or otherwise secure such costs, the clerk shall
transfer the cause to the superior court for trial. Such caveator shall cause
notice of the caveat proceeding to be given to all devisees, legatees, devisees
or other persons in interest in the manner provided for service of process by G.S. 1A‑1,
Rule 4(j) and (k). The notice shall advise such devisees, legatees, devisees
or other persons in interest, of the session of superior court to which the
proceeding has been transferred and shall call upon them to appear and make
themselves proper parties to the proceeding if they so choose. At the session
of court to which such proceeding is transferred, or as soon thereafter as
motion to that effect shall be made by the propounder, and before trial, the
judge shall require any of the devisees, legatees devisees or
other persons in interest so cited, either those who make themselves parties
with the caveators or whose interests appear to him antagonistic to that of the
propounders of the will, to align themselves and to file bond within such time
as he shall direct and before trial. Upon the failure of any party to file such
bond, the judge shall dismiss that party from the proceeding but that party
shall be bound by the proceeding."
SECTION 33. G.S. 31‑40 reads as rewritten:
"§ 31‑40. What property passes by will.
Any testator, by his a will duly executed, may devise,
bequeath, devise or dispose of all real and personal estate property
which he the testator shall be entitled to at the time of his
the testator's death, and which, if not so devised, bequeathed, devised
or disposed of, would descend or devolve upon his the testator's
heirs at law, or upon his executor or administrator; the testator's
personal representative; and the power hereby given shall extend to all
contingent, executory, or other future interest in any real or personal estate,
property, whether the testator may or may not be the person or one of
the persons in whom the same may become vested, or whether he the testator
may be entitled thereto under the instrument by which the same was created, or
under any disposition thereof by deed or will; and also to all rights of entry
for conditions broken, whether any such condition has or has not been broken at
the testator's death, all other rights of entry, and possibilities of reverter;
and also to such of the same estates, interests, and rights respectively, and
other real and personal estate, property, as the testator may be
entitled to at the time of his death, notwithstanding that he the
testator may become entitled to the same subsequently to the execution of his
the testator's will."
SECTION 34. G.S. 31‑43 reads as rewritten:
"§ 31‑43.
General When a general gift by will an execution operates
as an exercise of power of appointment.
A general devise of the real estate property of
the testator, or of his real estate the testator's real property
in any place or in the occupation of any person mentioned in the will, or
otherwise described in a general manner, shall be construed to include any real
estate, property, or any real estate property to
which such description shall extend, as the case may be, which he the
testator may have power to appoint in any manner he the testator
may think proper; and shall operate as an execution exercise of
such power, unless a contrary intention shall appear by the will; and in like
manner a bequest devise of the personal estate property
of the testator, or any bequest devise of personal property,
described in a general manner, shall be construed to include any personal estate,
property, or any personal estate property to which such
description shall extend, as the case may be, which he the testator
may have power to appoint in any manner he the testator may think
proper, and shall operate as an execution exercise of such power,
unless a contrary intention shall appear by the will."
SECTION 35. G.S. 31B‑1(a) reads as rewritten:
"(a) A person who succeeds to a property interest as:
(1) Heir;
(2) Next of kin;
(3) Devisee;
(4) Legatee;
may renounce at anytime, in whole or in part, the right of succession to any property or interest therein, including a future interest, by filing a written instrument under the provisions of this Chapter. A renunciation may be of a fractional share or any limited interest or estate. The renunciation shall be deemed to include the entire interest of the person whose property or interest is being renounced unless otherwise specifically limited. A person may renounce any interest in or power over property, including a power of appointment, even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to renounce. Notwithstanding the foregoing, there shall be no right of partial renunciation if the instrument creating the interest expressly so provides."
SECTION 36. G.S. 32A‑2 reads as rewritten:
"§ 32A‑2. Powers conferred by the Statutory Short Form Power of Attorney set out in G.S. 32A‑1.
The Statutory Short Form Power of Attorney set out in G.S. 32A‑1 confers the following powers on the attorney‑in‑fact named therein:
(8) Estate Transactions. To request, ask, demand, sue
for, recover, collect, receive, and hold and possess all legacies, bequests,
devises, as are, owned by, or due, owing, payable, or belonging to, the
principal at the time of execution or in which the principal may thereafter
acquire interest, to have, use, and take all lawful means and equitable and
legal remedies, procedures, and writs in the name of the principal for the
collection and recovery thereof, and to adjust, sell, compromise, and agree for
the same, and to make, execute, and deliver for the principal, all
endorsements, acquittances, releases, receipts, or other sufficient discharges
for the same.
. "
SECTION 37. G.S. 35A‑1227(b) reads as rewritten:
"(b) A devise or legacy of personal property
to a minor may be distributed to the minor's parent or guardian with the
approval of the clerk as provided in G.S. 28A‑22‑7."
SECTION 38. G.S. 35A‑1303 reads as rewritten:
"§ 35A‑1303. Fund from sale has character of estate sold and subject to same trusts.
Whenever, in consequence of any sale under G.S. 35A‑1301,
the real or personal property of the ward is saved from demands to which in the
first instance it may be liable, the final decree shall declare and set apart a
portion of the personal or real estate thus saved, of value equal to the real
and personal estate sold, as property exchanged for that sold; and in all sales
by guardians whereby real is substituted by personal, or personal by real
property, the beneficial interest in the property acquired shall be enjoyed, alienated,
devised or bequeathed, alienated, or devised and shall descend and
be distributed, as by law the property sold might and would have been had it
not been sold, until it be reconverted from the character thus impressed upon
it by some act of the owner and restored to its character proper."
SECTION 39. G.S. 35A‑1336.1 reads as rewritten:
"§ 35A‑1336.1. Prerequisites to approval by judge of gifts to individuals.
The judge shall not approve gifts from income to individuals unless it appears to the judge's satisfaction that both the following requirements are met:
(2) The judge determines that either:
a. The incompetent, prior to being declared incompetent,
executed a paper‑writing with the formalities required by the laws of
North Carolina for the execution of a valid will, including a paper‑writing
naming as beneficiary a revocable trust created by the incompetent, and each
donee is entitled to one or more specific legacies, bequests, devises,
or distributions of specific amounts of money, income, or property under the
paper‑writing or the revocable trust or both or is a residuary legatee,
devisee, devisee or beneficiary designated in the paper‑writing
or revocable trust or both; or
. "
SECTION 40. G.S. 35A‑1341 reads as rewritten:
"§ 35A‑1341. Prerequisites to approval by judge of gifts for governmental or charitable purposes.
The judge shall not approve any gifts from principal for governmental or charitable purposes unless it appears to the judge's satisfaction all of the following requirements are met:
(6) Either a. or b. applies:
a. All of the following apply:
1. The incompetent, prior to being declared incompetent, executed a paper‑writing with the formalities required by the laws of North Carolina for the execution of a valid will, including a paper‑writing naming as beneficiary a revocable trust created by the incompetent.
2. Specific legacies, bequests, devises, or
nondiscretionary distributions of specific amounts of money, income or property
included in the paper‑writing or revocable trust or both, will not be
jeopardized by making the gifts.
3. All residuary legatees, devisees and
beneficiaries designated in the paper‑writing or revocable trust or both,
who would take under the paper‑writing or revocable trust or both, if the
incompetent died contemporaneously with the signing of the order of approval of
the gifts and the paper‑writing was probated as the incompetent's will
and the spouse, if any, of the incompetent have been given at least 10 days'
written notice that approval for the gifts will be sought and that objection
may be filed with the clerk of superior court of the county in which the
guardian was appointed, within the 10‑day period.
b. Both of the following apply:
1. That so far as is known the incompetent has not prior to being declared incompetent, executed a will which could be probated upon the death of the incompetent; and
2. All persons who would share in the incompetent's intestate estate, if the incompetent died contemporaneously with the signing of the order of approval, have been given at least 10 days' written notice that approval for the gifts will be sought and that objection may be filed with the clerk of the superior court, of the county in which the guardian was appointed, within the 10‑day period.
. "
SECTION 41. G.S. 35A‑1341.1 reads as rewritten:
"§ 35A‑1341.1. Prerequisites to approval by judge of gifts to individuals.
The judge shall not approve gifts from principal to individuals unless it appears to the judge's satisfaction that all of the following requirements have been met:
(4) The judge determines that either a., b., c., or d. applies.
a. All of the following apply:
1. The incompetent, prior to being declared incompetent, executed a paper‑writing with the formalities required by the laws of North Carolina for the execution of a valid will, including a paper‑writing naming as beneficiary a revocable trust created by the incompetent.
2. Each donee is entitled to one or more specific legacies,
bequests, devises, or distributions of specific amounts of money, income,
or property under either the paper‑writing or revocable trust or both or
is a residuary legatee, devisee, devisee or beneficiary
designated in the paper‑writing or revocable trust or both.
3. The making of the gifts will not jeopardize any
specific legacy, bequest, devise, or distribution of specific amounts of
money, income, or property.
b. That so far as is known the incompetent has not, prior to being declared incompetent, executed a will which could be probated upon the death of the incompetent, and each donee is a person who would share in the incompetent's intestate estate, if the incompetent died contemporaneously with the signing of the order of approval of the gifts.
c. The donee is a person who would share in the incompetent's nonprobate estate, if the incompetent died contemporaneously with the signing of the order of approval.
d. The donee is the spouse, parent, descendant of the incompetent, or descendant of the incompetent's parent, and the amount of the gift does not exceed the federal annual gift tax exclusion.
(5) If the incompetent, prior to being declared
incompetent, executed a paper‑writing with the formalities required by
the laws of North Carolina for the execution of a valid will, including a paper‑writing
naming as beneficiary a revocable trust created by the incompetent; then all
residuary legatees, devisees, devisees and beneficiaries
designated in the paper‑writing or revocable trust or both, who would
take under the paper‑writing or revocable trust or both if the
incompetent died contemporaneously with the signing of the order of approval of
the gifts and the paper‑writing was probated as the incompetent's will,
the spouse, if any, of the incompetent and all persons identified in G.S. 35A‑1341.1(7)
have been given at least 10 days' written notice that approval for the gifts
will be sought and that objection may be filed with the clerk of superior court
of the county in which the guardian was appointed, within the 10‑day
period.
. "
SECTION 42. G.S. 35A‑1342 reads as rewritten:
"§ 35A‑1342.
Who deemed specific and residuary legatees and devisees of incompetent
under § 35A‑1341.
For purposes of G.S. 35A‑1341(6)a and G.S. 35A‑1341.1(4)
and (5), if the paper‑writing provides for the residuary estate to be
placed in trust for a term of years, or if the paper‑writing names as
beneficiary a revocable trust created by the incompetent, and the trust or
trusts include dispositive provisions which provide that assets continue in
trust for a term of years with stated amounts of income payable to designated
beneficiaries during the term and stated amounts payable to designated
beneficiaries upon termination of the trust or trusts, the designated
beneficiaries shall be deemed to be specific legatees, devisees, devisees
and beneficiaries and those taking the remaining income of the trust or trusts
and, at the end of the term, the remaining principal shall be deemed to be
residuary legatees, devisees, devisees and beneficiaries who
would take under the paper‑writing or revocable trust or both if the
incompetent died contemporaneously with the signing of the order of approval of
the gifts. In no case shall any prospective executor or trustee be considered
either a specific or residuary legatee, devisee, devisee or
beneficiary on the sole basis of prospective service as executor or trustee."
SECTION 43. G.S. 35A‑1351 reads as rewritten:
"§ 35A‑1351. Prerequisites to approval of gift.
The judge shall not approve the gift unless it appears to his
the judge's satisfaction that:
...
(5) Either:
a.1. The incompetent, prior to being declared incompetent, executed a paper‑writing, with the formalities required by the laws of North Carolina for the execution of a valid will;
2. Specific legacies, bequests or devises of
specific amounts of money, income or property included in such paper‑writing,
will not be jeopardized by making such gifts;
3. All residuary legatees and devisees
designated in such paper‑writing, who would take under the paper‑writing
if the incompetent died contemporaneously with the signing of the order of
approval of such gifts, and such paper‑writing was probated as the
incompetent's will and the spouse, if any, of such incompetent have been given
at least 10 days' written notice that approval for such gifts will be sought
and that objection may be filed with the clerk of superior court, of the county
in which the guardian or trustee was appointed, within the 10‑day period;
or
b.1. That so far as is known the incompetent has not prior to being declared incompetent, executed a will which could be probated upon the death of the incompetent; and
2. All persons who would share in the incompetent's estate, if the incompetent died contemporaneously with the signing of the order of approval, have been given at least 10 days' written notice that approval for such gifts will be sought and that objection may be filed with the clerk of the superior court, of the county in which the guardian or trustee was appointed, within the 10‑day period."
SECTION 44. G.S. 35A‑1352 reads as rewritten:
"§ 35A‑1352.
Who deemed specific and residuary legatees and devisees of incompetent
under § 35A‑1351.
For purposes of G.S. 35A‑1351(5)a G.S. 35A‑1351(5)a.
of this Article, if such paper‑writing provides for the residuary estate
to be placed in trust for a term of years, with stated amounts of income
payable to designated beneficiaries during the term and stated amounts payable
to designated beneficiaries upon termination of the trust, such designated
beneficiaries shall be deemed to be specific legatees and devisees and
those taking the remaining income of the trust and, at the end of the term, the
remaining principal shall be deemed to be residuary legatees or devisees
who would take under the paper‑writing if the incompetent died
contemporaneously with the signing of the order of approval of such gifts. In
no case shall any prospective executor or trustee be considered either a
specific or residuary legatee or devisee."
SECTION 45. G.S. 36C‑4‑401 reads as rewritten:
"§ 36C‑4‑401. Methods of creating trust.
A trust may be created by any of the following methods:
(1) Transfer of property by a settlor to a person as trustee during the settlor's lifetime or by will or other disposition taking effect upon the settlor's death including either of the following:
a. The devise or bequest to the trustee of the
trust as provided in G.S. 31‑47.
b. The designation of the trust as beneficiary of life insurance or other death benefits as provided in G.S. 36C‑4‑401.1.
."
SECTION 46.(a) G.S. 36D‑4(h) reads as rewritten:
"(h) The Community Third Party or Pooled Trust may
accept contributions, bequests, devises, and designations under
life insurance policies to the Community Third Party or Pooled Trust on behalf
of individuals with severe chronic disabilities for the purpose of qualifying
them as beneficiaries."
SECTION 46.(b) G.S. 36D‑4(i) reads as rewritten:
"(i) At the time a contribution, bequest, devise,
or assignment of insurance proceeds is made to a Community Third Party Trust,
or to a beneficiary of a Pooled Trust, the trustor shall receive a written
statement of the services to be provided to the beneficiary. The statement
shall include a starting date for the delivery of services or the condition
precedent, such as the death of the trustor, which shall determine the starting
date. The statement shall describe the frequency with which services shall be
provided and their duration, and the criteria or procedures for modifying the
program of services from time to time in the best interests of the beneficiary.
In addition, there shall be a properly executed trust agreement between the
Community Third Party or Pooled Trust and the trustor."
SECTION 47. G.S. 37A‑1‑102 reads as rewritten:
"§ 37A‑1‑102. Definitions.
The following definitions apply in this Chapter:
(2) "Beneficiary" includes, in the case of a
decedent's estate, an heir, legatee, heir and devisee and, in the
case of a trust, an income beneficiary and a remainder beneficiary.
. "
SECTION 48. G.S. 37A‑2‑201 reads as rewritten:
"§ 37A‑2‑201. Determination and distribution of net income.
After a decedent dies, in the case of an estate, or after an income interest in a trust ends, the following rules apply:
(3) Unless the will or trust instrument otherwise
provides, or the court otherwise directs, a fiduciary shall distribute to a
beneficiary who receives a pecuniary amount outright interest, computed as
provided in G.S. 24‑1 from the date that is one year following the
date of death of the person whose death gives rise to the payment of the
pecuniary bequest devise or the happening of the contingency that
causes the income interest to end, from net income determined under subdivision
(2) of this section or from principal to the extent that net income is
insufficient. However, this subdivision shall not apply to a pecuniary bequest:devise:
a. To or for the benefit of a decedent's surviving spouse that is or can be qualified for the federal estate tax marital deduction; or
b. To or for the benefit of charitable organizations that are qualified for the federal estate tax charitable deduction, including a charitable remainder trust.
."
SECTION 49. G.S. 41‑6.2(a) reads as rewritten:
"(a) The law of this State does not include: (i)
the common‑law rule of worthier title that a grantor or testator cannot
convey or devise an interest to his the grantor's or testator's
own heirs, or (ii) a presumption or rule of interpretation that a grantor or
testator does not intend, by a grant, devise or bequest grant or
devise to his the grantor's or testator's own heirs or next
of kin, to transfer an interest to them. The meaning of a grant, devise or
bequest grant or devise 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."
SECTION 50.(a) G.S. 41‑11.1(a) reads as rewritten:
"(a) Wherever there is a gift, devise, bequest,
transfer or conveyance of a vested estate or interest in real or personal
property, or both, to persons described as a class, and at the effective date
thereof, one or more members of the class are in esse, and there is a
possibility in law that the membership of the class may later be increased by
one or more members not then in esse, a special proceeding may be instituted in
the superior court for the sale, lease or mortgage of such real or personal
property, or both, as provided in this section."
SECTION 50.(b) G.S. 41‑11.1(n) reads as rewritten:
"(n) Provided, however, this section shall not be
applicable where the instrument creating the gift, devise, bequest, transfer
or conveyance specifically directs, by means of the creation of a trust or
otherwise, the manner in which the property shall be used or disposed of, or
contains specific limitations, conditions or restrictions as to the use, form,
investment, leasing, mortgage, or other disposition of the property."
SECTION 50.(c) G.S. 41‑11.1(o) reads as rewritten:
"(o) And provided further, this section shall not
alter or affect in any way laws or legal principles heretofore, now, or
hereafter existing relating to the determination of the nature, extent or
vesting of estates or property interests, and of the persons entitled thereto.
But where, under the laws and legal principles existing without regard to this
section, a gift, devise, bequest, transfer or conveyance has the legal
effect of being made to all members of a class, some of whom are in esse and
some of whom are in posse, the procedures authorized hereby may be utilized for
the purpose of promoting the best interests of all members of the class, and
this section shall be liberally construed to effectuate this intent. The
remedies and procedures herein specified shall not be exclusive, but shall be
cumulative, in addition to, and without prejudice to, all other remedies and
procedures, if any, which now exist or hereafter may exist either by virtue of
statute, or by virtue of the inherent powers of any court of competent
jurisdiction, or otherwise."
SECTION 50.(d) G.S. 41‑11.1(p) reads as rewritten:
"(p) The provisions of this section shall apply to
gifts, devises, bequests, transfers, and conveyances made both before
and after April 5, 1949."
SECTION 51. G.S. 50‑20(b) reads as rewritten:
"(b) For purposes of this section:
(2) "Separate property" means all real and
personal property acquired by a spouse before marriage or acquired by a spouse
by bequest, devise, descent, or gift during the course of the marriage.
However, property acquired by gift from the other spouse during the course of
the marriage shall be considered separate property only if such an intention is
stated in the conveyance. Property acquired in exchange for separate property
shall remain separate property regardless of whether the title is in the name
of the husband or wife or both and shall not be considered to be marital
property unless a contrary intention is expressly stated in the conveyance. The
increase in value of separate property and the income derived from separate
property shall be considered separate property. All professional licenses and
business licenses which would terminate on transfer shall be considered
separate property.
. "
SECTION 52. G.S. 52‑1 reads as rewritten:
"§ 52‑1. Property of married persons secured.
The real and personal property of any married person in this
State, acquired before marriage or to which he or she may after marriage become
in any manner entitled, shall be and remain the sole and separate estate and
property of such married person and may be devised, bequeathed devised
and conveyed by such married person subject to G.S. 50‑20 and such
other regulations and limitations as the General Assembly may prescribe."
SECTION 53. G.S. 55A‑11‑07 reads as rewritten:
"§ 55A‑11‑07.
Bequests, devises, Devises and gifts.
Any bequest, devise, gift, grant, or promise contained
in a will or other instrument of donation, subscription, or conveyance, that is
made to a constituent corporation and that takes effect or remains payable
after the merger, inures to the survivor in the merger unless the will or other
instrument otherwise specifically provides."
SECTION 54. G.S. 55A‑11‑10(g) reads as rewritten:
"(g) All of the following shall occur upon an effective merger under this section:
(6) Any bequest, devise, gift, grant, or promise
contained in a will or other instrument of donation, subscription, or
conveyance that is made to a city hospital authority that has merged into a
charitable or religious corporation or into a county hospital authority and
that takes effect or remains payable after the merger, inures to the surviving
charitable or religious corporation or the surviving county hospital authority
unless the will or other instrument otherwise specifically provides."
SECTION 55. G.S. 58‑10‑5 reads as rewritten:
"§ 58‑10‑5. Stock acquired to be turned over to voting trust until all stock acquired; dividends repaid to corporation for beneficiaries.
If a domestic stock life insurance corporation shall
determine to become a mutual life insurance corporation it may, in carrying out
any plan to that end under the provisions of G.S. 58‑10‑1,
acquire any shares of its own stock by gift, bequest devise, or
purchase. And until all such shares are acquired, any shares so acquired shall
be acquired in trust for the policyholders of the corporation as hereinafter
provided, and shall be assigned and transferred on the books of the corporation
to not less than three nor more than five trustees, and be held by them in
trust and be voted by such trustees at all corporate meetings at which
stockholders have the right to vote until all of the capital stock of such
corporation is acquired, when the entire capital stock shall be retired and
canceled; and thereupon, unless sooner incorporated as such, the corporation
shall be and become a mutual life insurance corporation without capital stock.
Said trustees shall be appointed and vacancies shall be filled as provided in
the plan adopted under G.S. 58‑10‑1. Said trustees shall file
with the corporation and with the Commissioner a verified acceptance of their
appointments and declaration that they will faithfully discharge their duties
as such trustees. After the payment of such dividends to stockholders or former
stockholders as may have been provided in the plan adopted under G.S. 58‑10‑1,
all dividends and other sums received by said trustees on said shares of stock
so acquired, after paying the necessary expenses of executing said trust, shall
be immediately repaid to said corporation for the benefit of all who are or may
become policyholders of said corporation and entitled to participate in the
profits thereof, and shall be added to and become a part of the surplus earned
by said corporation, and be apportionable accordingly as a part of said surplus
among said policyholders."
SECTION 56. G.S. 58‑58‑205 reads as rewritten:
"§ 58‑58‑205. Definitions.
As used in this Article:
(11) "Viatical settlement contract" means a
written agreement establishing the terms under which compensation or anything
of value will be paid, which compensation or value is less than the expected
death benefit of the policy, in return for the viator's assignment, transfer,
sale, devise, or bequest or devise of the death benefit or
ownership of any portion of the policy. A viatical settlement contract also
includes a contract for a loan or other financing transaction with a viator
secured primarily by a policy, other than a loan by a life insurance company
under the terms of the life insurance contract, or a loan secured by the cash
value of a policy. A viatical settlement contract includes an agreement with a
viator to transfer ownership or change the beneficiary designation at a later
date regardless of the date that compensation is paid to the viator.
. "
SECTION 57. G.S. 58‑58‑300 reads as rewritten:
"§ 58‑58‑300. Authority to adopt rules.
The Commissioner may:
(2) Establish standards for evaluating reasonableness
of payments under contracts for persons who are terminally or chronically ill,
including standards for the amount paid in exchange for assignment, transfer,
sale, devise, or bequest or devise of a benefit under a policy.
. "
SECTION 58. G.S. 58‑78‑5(a) reads as rewritten:
"(a) The Commission shall have the following powers and duties:
(5) To accept gifts, bequests, devises, grants,
matching funds, and other considerations from private or governmental sources
for use in promoting its work;
. "
SECTION 59. G.S. 59B‑5 reads as rewritten:
"§ 59B‑5.
Real and personal property; nonprofit association as legatee, devisee, devisee
or beneficiary.
(a) A nonprofit association is a legal entity separate from its members for the purposes of acquiring, holding, encumbering, and transferring real and personal property.
(b) A nonprofit association, in its name, may acquire, hold, encumber, or transfer an estate or interest in real or personal property.
(c) A nonprofit association may be a beneficiary of a
trust or contract, a legatee, contract or a devisee.
(d) Any judgments and executions against a nonprofit association bind its real and personal property in like manner as if it were incorporated."
SECTION 60. G.S. 64‑4 reads as rewritten:
"§ 64‑4. Escheats.
If a decedent owning personal property located within North
Carolina shall leave no heirs, heirs at law or legatees devisees
other than persons disqualified from inheritance under G.S. 64‑3,
then such personal property shall escheat."
SECTION 61. G.S. 78A‑2 reads as rewritten:
"§ 78A‑2. Definitions.
When used in this Chapter, unless the context otherwise requires:
(13) "Viatical settlement contract" means an
agreement for the purchase, sale, assignment, transfer, devise, or bequest
or devise of all or any portion of the death benefit or ownership of a
life insurance policy or contract for consideration which is less than the
expected death benefit of the life insurance policy or contract. "Viatical
settlement contract" does not include:
a. The assignment, transfer, sale, devise, or
bequest or devise of a death benefit of a life insurance policy or
contract made by the viator to an insurance company or to a viatical settlement
provider or broker licensed pursuant to the Viatical Settlements Act (Part 5 of
Article 58 of Chapter 58 of the General Statutes);
b. The assignment of a life insurance policy or contract to a bank, savings bank, savings and loan association, credit union, or other licensed lending institution as collateral for a loan; or
c. The exercise of accelerated benefits pursuant to the terms of a life insurance policy or contract and consistent with applicable law."
SECTION 62. G.S. 88A‑8 reads as rewritten:
"§ 88A‑8. The Board may accept contributions, etc.
The Board may accept grants, contributions, devises, bequests,
and gifts that shall be kept in the same account as the funds deposited in
accordance with G.S. 88A‑7 and shall be used to carry out the
provisions of this Chapter."
SECTION 63. G.S. 90‑171.26 reads as rewritten:
"§ 90‑171.26. The Board may accept contributions, etc.
The Board may accept grants, contributions, devices, bequests,
devises, and gifts which shall be kept in a separate fund and shall be
used by it to enhance the practice of nursing."
SECTION 64. G.S. 90‑210.121 reads as rewritten:
"§ 90‑210.121. Definitions.
As used in this Article, unless the context requires otherwise:
(13) "Crematory manager" means the person who is responsible for the management and operation of the crematory. A crematory manager must either be licensed to practice funeral directing or funeral service and be qualified as a crematory technician or must obtain a crematory manager permit issued by the Board. In order to receive a crematory manager permit, a person must:
a. Be at least 18 years of age.
b. Be of good moral character.
c. Be qualified as a crematory technician.
Notwithstanding any other provision of
law, a crematory that is licensed by the Board prior to January 1, 2004, and as
of that date is not managed by a crematory manager who is licensed to practice
funeral directing or funeral service, or who has a crematory manager permit,
may continue to be managed by a crematory manager who is not licensed to
practice funeral directing or funeral service or who does not have a crematory
manager permit so long as there is no sale, transfer, devise, bequest,
gift, or any other disposal of a controlling interest in the crematory.
. "
SECTION 65. G.S. 90‑526(b) reads as rewritten:
"(b) The Board may accept grants, contributions, bequests,
devises, and gifts that shall be kept in a separate fund and shall be
used by it to enhance the practice of athletic trainers."
SECTION 66. G.S. 90A‑75(b) reads as rewritten:
"(b) Contributions. The Board may accept grants,
contributions, bequests, devises, and gifts that shall be kept
in the same account as the funds deposited in accordance with this Article and
other provisions of the law."
SECTION 67. G.S. 90C‑26 reads as rewritten:
"§ 90C‑26. The Board may accept contributions, etc.
The Board may accept grants, contributions, devises, bequests,
and gifts that shall be kept in a separate fund and shall be used by it to
publicize the licensure program and its protective benefits to the public."
SECTION 68. G.S. 98‑6 reads as rewritten:
"§ 98‑6. Establishing contents of will, where original and copy destroyed.
Any person desirous of establishing the contents of a will
destroyed as aforesaid, there being no copy thereof, may file his a
petition in the office of the clerk of the superior court, setting forth the
entire contents thereof, according to the best of his the person's
knowledge, information and belief. All persons having an interest under the
same shall be made parties, and if the truth of such petition is denied, the
issues of fact shall be transferred to the superior court for trial by a jury,
whether the will was recorded, and if so recorded, the contents thereof, and
the declarations of the judge shall be recorded as the will of the testator.
Any devisee or legatee is a competent witness as to the contents of
every part of said will, except such as may concern his own interest in the
same."
SECTION 69. G.S. 105‑239.1(a) reads as rewritten:
"(a) Lien and Liability. Property transferred
for an inadequate consideration to a donee, heir, legatee, devisee,
distributee, stockholder of a liquidated corporation, or any other person at a
time when the transferor is insolvent or is rendered insolvent by reason of the
transfer is subject to a lien for any taxes owing by the transferor to the
State of North Carolina at the time of the transfer whether or not the amount
of the taxes has been ascertained or assessed at the time of the transfer. G.S. 105‑241
applies to this tax lien. In the event the transferee has disposed of the
property so that it cannot be subjected to the State's tax lien, the transferee
is personally liable for the difference between the fair market value of the
property at the time of the transfer and the actual consideration, if any, paid
to the transferor by the transferee."
SECTION 70. G.S. 105‑278.6A(c) reads as rewritten:
"(c) Total Exclusion. A retirement facility qualifies for total exclusion under this section if it meets all of the following conditions:
(5) It has an active program to generate funds through
one or more sources, such as gifts, grants, trusts, bequests, devises,
endowment, or an annual giving program, to assist the retirement facility in
serving persons who might not be able to reside there without financial
assistance or subsidy.
. "
SECTION 71. G.S. 105‑306(c) reads as rewritten:
"(c) For purposes of this Subchapter:
(5) Personal property of which a decedent died
possessed, if not under the control of an executor or administrator, a
personal representative, shall be listed in the names of the next of kin or
legatees devisees if known, but such property may be listed as
property of "the next of kin" or "the legatees" devisees"
of the decedent, without naming them, until they have given the assessor notice
of their names and of the division of the estate. It shall be the duty of an
executor or administrator a personal representative having control
of personal property to list it in his the personal representative's
fiduciary capacity, as required by subdivision (c)(6), below, until he the
personal representative is divested of control of the property.
. "
SECTION 72. G.S. 106‑6.2 reads as rewritten:
"§ 106‑6.2. Create special revenue funds for certain agricultural centers.
(a) The Eastern North Carolina Agricultural Center
Fund is created within the Department of Agriculture and Consumer Services as a
special revenue fund. This Fund shall consist of receipts from the sale of
naming rights to any facility located at the Eastern North Carolina
Agricultural Center at Williamston, investments earnings on these moneys,
monies, and any gifts, bequests, devises, or grants from
any source for the benefit of the Eastern North Carolina Agricultural Center.
All interest that accrues to this Fund shall be credited to this Fund. Any
balance remaining in this Fund at the end of any fiscal year shall not revert.
The Department may use this Fund only to promote, improve, repair, maintain, or
operate the Eastern North Carolina Agricultural Center.
(b) The Southeastern North Carolina Agricultural
Center Fund is created within the Department of Agriculture and Consumer
Services as a special revenue fund. This Fund shall consist of receipts from
the sale of naming rights to any facility located at the Southeastern North
Carolina Agricultural Center at Lumberton, investments earnings on these moneys,
monies, and any gifts, bequests, devises, or grants from
any source for the benefit of the Southeastern North Carolina Agricultural
Center. All interest that accrues to this Fund shall be credited to this Fund.
Any balance remaining in this Fund at the end of any fiscal year shall not
revert. The Department may use this Fund only to promote, improve, repair,
maintain, or operate the Southeastern North Carolina Agricultural Center."
SECTION 73. G.S. 106‑568.17 reads as rewritten:
"§ 106‑568.17.
Acceptance of gifts, bequests devises, and awards; display
thereof.
The said board is hereby empowered to accept and receive
gifts, bequests, devises, and awards which are to become the sole
property of said North Carolina Agricultural Hall of Fame and are to be kept in
a proper manner in a suitable room or hall in some state‑owned building
in Raleigh, provided that duplicates of such gifts, bequests, devises,
and awards may be displayed in a suitable room or hall in the School of
Agriculture of the North Carolina State College of Agriculture and Engineering
at Raleigh, North Carolina."
SECTION 74.(a) G.S. 113‑36(c) reads as rewritten:
"(c) Forest Seedling Nursery Program Fund. The
Forest Seedling Nursery Program Fund is created within the Department of
Environment and Natural Resources, Division of Forest Resources, as a special
revenue fund. Except as provided in subsection (b) of this section, this Fund
shall consist of receipts from the sale of seed and seedlings as authorized in G.S. 113‑35
and any gifts, bequests, devises, or grants for the benefit of
this Fund. No General Fund appropriations shall be credited to this Fund. Any
balance remaining in this Fund at the end of any fiscal year shall not revert.
The Department may use this Fund only to develop, improve, repair, maintain,
operate, or otherwise invest in the Forest Seedling Nursery Program."
SECTION 74.(b) G.S. 113‑36(d) reads as rewritten:
"(d) Bladen Lakes State Forest Fund. The Bladen
Lakes State Forest Fund is created within the Department of Environment and
Natural Resources, Division of Forest Resources, as a special revenue fund.
This Fund shall consist of receipts from the sale of forest products from
Bladen Lakes State Forest as authorized in G.S. 113‑35 and any
gifts, bequests, devises, or grants for the benefit of this Fund.
No General Fund appropriations shall be credited to this Fund. Any balance
remaining in this Fund at the end of any fiscal year shall not revert. The
Department may use this Fund only to develop, improve, repair, maintain,
operate, or otherwise invest in the Bladen Lakes State Forest."
SECTION 75. G.S. 113A‑153(e) reads as rewritten:
"(e) Acceptance and Administration of Federal or
Private Funds. The Department of Environment and Natural Resources shall have
power and authority to accept, receive and administer, on behalf of the
Council, any funds, gifts, bequests, devises, or other financial
assistance given, granted or provided by legislative appropriation, or under
any federal act or acts or from any federal agency, or from foundations or
private sources, and to comply with all conditions and requirements necessary
for the receipt, acceptance and use of said funds to the extent not
inconsistent with the laws of this State and the rules thereunder pertaining to
land‑use planning and management. The Council shall have authority to
formulate plans and projects for the approval of all funding agencies and
institutions and to enter into such contracts and agreements as may be
necessary for such purposes or to enter into joint agreements with any other
agency or division of government for such purposes and to furnish such
information as may be requested for any project or program related to or
conducted pursuant to such plans and contracts. Such funds received by the
Council pursuant to this provision shall be deposited in the State treasury to
the account of the Council and shall remain in such account until used by the
Council."
SECTION 76. G.S. 115C‑410 reads as rewritten:
"§ 115C‑410. Power to accept gifts and grants.
The Board is authorized to accept, receive, use, or
reallocate to local school administrative units any gifts, donations, grants, bequests,
devises, or other forms of voluntary contributions."
SECTION 77. G.S. 115C‑490 reads as rewritten:
"§ 115C‑490. Creation of endowment funds; administration.
Any local board of education is hereby authorized and
empowered upon the passage of a resolution to create and establish a permanent
endowment fund which shall be financed by gifts, donations, bequests devises,
or other forms of voluntary contributions. Any endowment fund established under
the provisions of this Article shall be administered by the members of such
board of education who, ex officio, shall constitute and be known as "The
Board of Trustees of the Endowment Fund of the Public Schools of
__________County or____________City or Town" (in which shall be inserted
the name of the county, city or town). The board of trustees so established
shall determine its own organization and methods of procedure."
SECTION 78. G.S. 115C‑491 reads as rewritten:
"§ 115C‑491. Boards of trustees public corporations; powers and authority generally; investments.
Any board of trustees created and organized under this
Article shall be a body politic, public corporation and instrumentality of
government and as such may sue and be sued in matters relating to the endowment
fund and shall have the power and authority to acquire, hold, purchase and
invest in all forms of property, both real and personal, including, but not by
way of limitation, all types of stocks, bonds, securities, mortgages and all
types, kinds and subjects of investments of any nature and description. The
board of trustees of said endowment fund may receive pledges, gifts, donations,
devises and bequests, devises, and may in its discretion retain
such in the form in which they are made, and may use the same as a permanent
endowment fund. The board of trustees of any endowment fund created hereunder
shall have the power to sell any property, real, personal or choses in action,
of the endowment fund, at either public or private sale. The board of trustees
shall be responsible for the prudent investment of any funds or moneys monies
belonging to the endowment fund in the exercise of its sound discretion without
regard to any statute or rule of law relating to the investment of funds by
fiduciaries."
SECTION 79. G.S. 115C‑492 reads as rewritten:
"§ 115C‑492. Expenditure of funds; pledges.
It is not the intent that such endowment fund created
hereunder shall take the place of State appropriations or any regular
appropriations, tax funds or other funds made available by counties, cities,
towns or local school administrative units for the normal operation of the
public schools. Any endowment fund created hereunder, or the income from same,
shall be used for the benefit of the public schools of the county, city or town
involved and to supplement regular and normal appropriations to the end that
the public schools may improve and increase their functions, may enlarge their
areas of service and may become more useful to a greater number of people. The
board of trustees in its discretion shall determine the objects and purposes
for which the endowment fund shall be spent. Nothing herein shall be construed
to prevent the board of trustees of any such endowment fund established
hereunder from receiving pledges, gifts, donations, devises and bequests
and devises and from using the same for such lawful school purposes as
the donor or donors designate: Provided, always, that the administration of any
such pledges, gifts, donations, devises and bequests, and devises,
or the expenditure of funds from same, will not impose any financial burden or
obligation on the State of North Carolina or any subdivisions of government of
the State. The board of trustees may, with the consent of the donor of any
pledges, transfer and assign such pledges as security for loans. This consent
by the donor may be made at the time of the pledge or at any time before said
pledges are paid off in full. It is the purpose of this provision to enable the
board of trustees to have the immediate use of funds which the donor may desire
to pledge as payable over a period of years."
SECTION 80. G.S. 115C‑493 reads as rewritten:
"§ 115C‑493. When only income from fund expended.
Where the donor of said pledges, gifts, donations, devises
and bequests and devises so provides, the board of trustees shall
keep the principal of such gift or gifts intact and only the income therefrom
may be expended."
SECTION 81. G.S. 115C‑494 reads as rewritten:
"§ 115C‑494. Property and income of board of trustees exempt from State taxation.
All property received, purchased, contributed or donated to
the board of trustees for the benefit of any endowment fund created hereunder
and all donations, gifts and bequests devises received or
otherwise administered for the benefit of said endowment fund, as well as the
principal and income from said endowment fund, shall at all times be free from
taxation, of any nature whatsoever, within the State."
SECTION 82. G.S. 115D‑20 reads as rewritten:
"§ 115D‑20. Powers and duties of trustees.
The trustees of each institution shall constitute the local administrative board of such institution, with such powers and duties as are provided in this Chapter and as are delegated to it by the State Board of Community Colleges. The powers and duties of trustees shall include the following:
(5) To receive and accept donations, gifts, bequests,
devises, and the like from private donors and to apply them or invest
any of them and apply the proceeds for purposes and upon the terms which the
donor may prescribe and which are consistent with the provisions of this
Chapter and the regulations of the State Board of Community Colleges.
. "
SECTION 83.(a) G.S. 116‑36(d) reads as rewritten:
"(d) The trustees of the endowment fund may receive
and administer as part of the endowment fund gifts, devises, and bequests
and devises and any other property of any kind that may come to them
from the Board of Governors of the University of North Carolina or that may
come to the trustees of the endowment fund from any other source, excepting
always the moneys monies received from State appropriations and
from tuition and fees collected from students and used for the general
operation of the institution."
SECTION 83.(b) G.S. 116‑36(f) reads as rewritten:
"(f) In the process of prudent investment of the
fund or to realize the statutory intent of the endowment, the board of trustees
of the endowment fund may expend or use interest and principal of gifts, devises,
and bequests; and devises; provided that, the expense or use would
not violate any condition or restriction imposed by the original donor of the
property which is to be expended or used. To realize the statutory intent of
the endowment fund, the board of trustees of the endowment fund may transfer
interest or principal of the endowment fund to the useful possession of the
constituent institution; provided that, the transfer would not violate any
condition or restriction imposed by the original donor of the property which is
the subject of the proposed transfer."
SECTION 83.(c) G.S. 116‑36(j) reads as rewritten:
"(j) Any gift, devise, or bequest gift
or devise of real or personal property to a constituent institution of the
University of North Carolina or to the University of North Carolina or to the
University of North Carolina Press or to the University of North Carolina
Center for Public Television shall be presumed, nothing to the contrary
appearing, a gift, devise, or bequest, gift or devise, as the
case may be, to the endowment fund of the respective institution or agency."
SECTION 84. G.S. 116‑36.1(g) reads as rewritten:
"(g) As used in this section, "trust funds" means:
(1) Moneys, Monies, or the proceeds of
other forms of property, received by an institution as gifts, devises, or
bequests gifts or devises that are neither presumed nor designated
to be gifts, devises, or bequests gifts or devises to the
endowment fund of the institution;
(8) The net proceeds from the disposition effected
pursuant to Chapter 146, Article 7, of any interest in real property owned by
or under the supervision and control of an institution if the interest in real
property had first been acquired by gift, devise, or bequest gift or
devise or through expenditure of moneys monies defined in
this subsection (g) as "trust funds," except the net proceeds from
the disposition of an interest in real property first acquired by the
institution through expenditure of moneys monies received as a
grant from a State agency;
. "
SECTION 85. G.S. 116‑37.2(a) reads as rewritten:
"(a) As used in this section, "funds" means:
(1) Moneys, Monies, or the proceeds of
other forms of property, received by the University of North Carolina Hospitals
at Chapel Hill as gifts, devises, or bequests. gifts or devises.
(6) The net proceeds from the disposition effected
pursuant to Article 7 of Chapter 146 of the General Statutes of any interest in
real property owned by or under the supervision and control of the University
of North Carolina Hospitals at Chapel Hill if the interest in real property had
first been acquired by gift, devise, or bequest gift or devise or
through expenditure of moneys monies defined in this subsection,
except the net proceeds from the disposition of an interest in real property
first acquired by the University of North Hospitals at Chapel Hill through
expenditure of moneys monies received as a grant from a
State agency."
SECTION 86. G.S. 121‑4 reads as rewritten:
"§ 121‑4. Powers and duties of the Department of Cultural Resources.
The Department of Cultural Resources shall have the following powers and duties:
(1) To accept gifts, bequests, devises, and
endowments for purposes which fall within the general legal powers and duties
of the Department. Unless otherwise specified by the donor or legator, testator,
the Department may either expend both the principal and interest of any gift or
bequests devises or may invest such funds in whole or in part, by
and with the consent of the State Treasurer.
(8) In accordance with G.S. 121‑9 of this
Chapter, to acquire real and personal properties that have statewide
historical, architectural, archaeological, or other cultural significance, by
gift, purchase, devise, or bequest; or devise; to preserve and
administer such properties; and, when necessary, to charge reasonable admission
fees to such properties. In the acquisition of such property, the Department
shall also have the authority to acquire nearby or adjacent property adjacent
to properties having statewide significance deemed necessary for the proper
use, administration, and protection of historic, architectural, archaeological,
or cultural properties, or for the protection of the environment thereof.
. "
SECTION 87. G.S. 121‑9(b) reads as rewritten:
"(b) Acquisition of Historic Properties. For the
purpose of protecting or preserving any property of historical, architectural,
archaeological, or other cultural importance to the people of North Carolina,
and subject to the provisions of Subchapter II of Chapter 146 of the General
Statutes, the Department may, with the approval of the North Carolina
Historical Commission and after consultation with the Joint Legislative
Commission on Governmental Operations, acquire, preserve, restore, hold,
maintain, operate, and dispose of such properties, together with such adjacent
lands as may be necessary for their protection, preservation, maintenance, and
operation. Such property may be real or personal in nature, and in the case of
real property, the acquisition may include the fee or any lesser interest
therein. Property may be acquired by gift, grant, bequest, devise,
lease, purchase, or condemnation pursuant to the provisions of Chapter 40A of
the General Statutes, or otherwise. Property may be acquired by the Department,
using such funds as may be appropriated for the purpose or moneys monies
available to it from any other source."
SECTION 88. G.S. 125‑2 reads as rewritten:
"§ 125‑2. Powers and duties of Department of Cultural Resources.
The Department of Cultural Resources shall have the following powers and duties:
(3) To accept gifts, bequests devises,
and endowments for the purposes which fall within the general legal powers and
duties of the Department of Cultural Resources. Unless otherwise specified by
the donor or legator, testator, the Department of Cultural
Resources may either expend both the principal and interest of any gift or bequest
devise or may invest such sums in whole or in part, by and with the
consent of the State Treasurer, in securities in which sinking funds may be
invested under the provisions of G.S. 142‑34.
. "
SECTION 89. G.S. 130A‑470(b) reads as rewritten:
"(b) The Secretary of State, on behalf of the
State, may accept gifts, donations, bequests, devises, and other
forms of voluntary contributions; may apply for grants from public and private
sources; and may expend funds received under this subsection for the purpose of
promoting public education and awareness of the registry."
SECTION 90. G.S. 131E‑177 reads as rewritten:
"§ 131E‑177. Department of Health and Human Services is designated State Health Planning and Development Agency; powers and duties.
The Department of Health and Human Services is designated as the State Health Planning and Development Agency for the State of North Carolina, and is empowered to exercise the following powers and duties:
(7) Solicit, accept, hold and administer on behalf of
the State any grants or bequests devises of money, securities or
property to the Department for use by the Department in the administration of
this Article; and
. "
SECTION 91. G.S. 139‑8(a) reads as rewritten:
"(a) A soil and water conservation district organized under the provisions of this Article shall constitute a governmental subdivision of this State, and a public body corporate and politic, exercising public powers, and such district, and the supervisors thereof, shall have the following powers in addition to others granted in other sections of this Chapter:
(4) To obtain options upon and to acquire by purchase,
exchange, lease, gift, grant, bequest, devise, or otherwise, any
property, real or personal, or rights or interests therein; to maintain,
administer, and improve any properties acquired, to receive income from such
properties and to expend such income in carrying out the purposes and
provisions of this Chapter; and to sell, lease, or otherwise dispose of its
property or interests therein in furtherance of the purposes and the provisions
of this Chapter.
. "
SECTION 92. G.S. 143‑323(a) reads as rewritten:
"(a) Recreation. The Department of Environment and Natural Resources shall have the following powers and duties with respect to recreation:
(6) To accept gifts, bequests, devises, and
endowments. The funds, if given as an endowment, shall be invested in
securities designated by the donor, or if there is no such designation, in
securities in which the State sinking fund may be invested. All such gifts,
bequests, gifts and devises and all proceeds from such invested
endowments shall be used for carrying out the purposes for which they were
made.
. "
SECTION 93. G.S. 143‑407 reads as rewritten:
"§ 143‑407. Appropriations; funds.
In addition to the appropriations out of the general fund of
the State, the Department may accept gifts, bequests, devises, matching
funds, or other considerations for use in promoting the arts."
SECTION 94. G.S. 143‑437 reads as rewritten:
"§ 143‑437. Pesticide Board; functions.
The Pesticide Board shall be the governing board for the programs of pesticide management and control set forth in this Article. The Pesticide Board shall have the following powers and duties under this Article:
(5) To accept gifts, devises and bequests, gifts
and devises, and with the approval of the Governor to apply for and accept
grants from the federal government and its agencies and from any foundation,
corporation, association or individual, and may comply with the terms,
conditions and limitations of the grant, in order to accomplish any of the
purposes of the Board, such grant funds to be expended pursuant to the
Executive Budget Act.
. "
SECTION 95. G.S. 143‑641(a) reads as rewritten:
"(a) Powers and Duties. The Commission shall have the following powers and duties:
(5) To accept grants, contributions, devises, bequests,
gifts, and services for the purpose of providing support to the Commission. The
funds and property shall be retained by the Commission, and the Commission
shall prescribe rules under which the Commission may accept donations of money,
property, or personal services, and determine the value of donations of
property or personal services.
. "
SECTION 96. G.S. 143‑676(a) reads as rewritten:
"(a) Powers and Duties. The Commission shall have the following powers and duties:
(3) To accept grants, contributions, devises, bequests,
gifts, and services for the purpose of providing support to the Commission. The
funds and property shall be retained by the Commission, and the Commission
shall prescribe rules under which the Commission may accept donations of money,
property, or personal services, and determine the value of donations of
property or personal services."
SECTION 97. G.S. 143B‑74.1 reads as rewritten:
"§ 143B‑74.1. U.S.S. North Carolina Battleship Commission funds.
The Commission shall establish and maintain a "Battleship
Fund" composed of the moneys monies which may come into its
hands from admission or inspection fees, gifts, donations, grants, or bequests,
devises, which funds will be used by the Commission to pay all costs of
maintaining and operating the ship for the purposes herein set forth. The
Commission shall maintain books of accounting records concerning revenue
derived and all expenses incurred in maintaining and operating the ship as a
public memorial. The operations of the Commission shall be subject to the
oversight of the State Auditor pursuant to Article 5A of Chapter 147 of the
General Statutes. The Commission shall reimburse the State Auditor the cost of
any audit. The Commission shall establish a reserve fund in an amount to be
determined by the Secretary of Cultural Resources to be maintained and used for
contingencies and emergencies beyond those occurring in the course of routine
maintenance and operation, and may authorize the deposit of this reserve fund
in a depository to be selected by the Treasurer of North Carolina."
SECTION 98. G.S. 143B‑131.2(b) reads as rewritten:
"(b) The Commission shall have the following powers and duties:
(10) To establish and maintain a separate fund composed
of moneys monies which may come into its hands from
gifts, donations, grants, or bequests, devises, which funds will
be used by the Commission for purposes of carrying out its duties and purposes
herein set forth. The Commission may also establish a reserve fund to be
maintained and used for contingencies and emergencies. Funds appropriated to
the Commission may be transferred to the Friends of Elizabeth II, Inc., a
private, nonprofit corporation. The Friends of Elizabeth II, Inc., shall use
the funds transferred to it to carry out the purposes of this Part.
(13) To acquire real and personal property by purchase,
gift, bequest, devise, and exchange.
. "
SECTION 99. G.S. 143B‑131.8(a) reads as rewritten:
"(a) The Roanoke Island Commission Fund is
established as a nonreverting Fund and shall be administered by the Roanoke
Island Commission. Seventy‑five percent (75%) of the revenues collected
from any property operated by the Roanoke Island Commission shall be credited
to the Fund. In addition, gifts, donations, grants, or bequests devises
received by the Commission for the purpose of carrying out its duties and
purposes may also be deposited in the Fund.
The funds in the Roanoke Island Commission Fund shall be used for the expenses of the Roanoke Island Commission and the operation and maintenance of properties operated by the Commission."
SECTION 100. G.S. 143B‑216.33(c) reads as rewritten:
"(c) The Department of Health and Human Services
may receive moneys monies from any source, including federal
funds, gifts, grants and bequests devises which shall be expended
for the purposes designated in this Part. Gifts and bequests devises
received shall be deposited in a trust fund with the State Treasurer who shall
hold them in trust in a separate account in the name of the Division. The cash
balance of this account may be pooled for investment purposes, but investment
earnings shall be credited pro rata to this participating account. Moneys
Monies deposited with the State Treasurer in the trust fund
account pursuant to this subsection, and investment earnings thereon, are
available for expenditure without further authorization from the General
Assembly. Such funds shall be administered by the Division under the direction
of the director and fiscal officer of the Division and will be subject to
audits normally conducted with the agency."
SECTION 101. G.S. 143B‑472.123(a) reads as rewritten:
"(a) The Office of Economic Opportunity of the Department shall administer the Weatherization Assistance Program for Low‑Income Families established by 42 U.S.C. § 6861, et seq., and 42 U.S.C. § 7101, et seq.; the Heating/Air Repair and Replacement Program established by the Secretary under G.S. 108A‑70.30; and any other energy‑related assistance program for the benefit of low‑income persons in existing housing. The Office of Economic Opportunity shall exercise the following powers and duties:
(7) Solicit, accept, hold, and administer on behalf of
this State any grants or bequests devises of money, securities,
or property for the benefit of low‑income residents in existing housing
for use by the Department or other agencies in the administration of this Part.
. "
SECTION 102. G.S. 143B‑476(a) reads as rewritten:
"(a) The head of the Department of Crime Control
and Public Safety is the Secretary of Crime Control and Public Safety, who
shall be known as the Secretary. The Secretary shall have such powers and
duties as are conferred on him by this Chapter, delegated to him by
the Governor, and conferred on him by the Constitution and laws of this
State. These powers and duties include:
(1) Accepting gifts, bequests, devises, grants,
matching funds and other considerations from private or governmental sources
for use in promoting the work of the Governor's Crime Commission.
. "
SECTION 103. G.S. 143B‑499.7(f) reads as rewritten:
"(f) The Department of Crime Control and Public
Safety, on behalf of the Center, may accept grants, contributions, devises, bequests,
and gifts, which shall be kept in a separate fund, which shall be nonreverting,
and shall be used to fund the operations of the Center and the AMBER Alert
System."
SECTION 104. G.S. 147‑54.6(b) reads as rewritten:
"(b) The Secretary of State, on behalf of the
State, may accept gifts, donations, bequests, devises, or other
forms of voluntary contributions, apply for grants from public and private
sources, and may expend funds received under this subsection for the purpose of
promoting international relations and hosting foreign dignitaries and leaders
in North Carolina. All funds and gifts received pursuant to this subsection
shall be subject to audit by the Office of the State Auditor and all funds
shall be expended in conformity with the Executive Budget Act and shall become
the property of the State."
SECTION 105. G.S. 153A‑11 reads as rewritten:
"§ 153A‑11. Corporate powers.
The inhabitants of each county are a body politic and
corporate under the name specified in the act creating the county. Under that
name they are vested with all the property and rights of property belonging to
the corporation; have perpetual succession; may sue and be sued; may contract
and be contracted with; may acquire and hold any property and rights of
property, real and personal, that may be devised, bequeathed, sold, or
in any manner conveyed, dedicated to, or otherwise acquired by the corporation,
and from time to time may hold, invest, sell, or dispose of the property and
rights of property; may have a common seal and alter and renew it at will; and
have and may exercise in conformity with the laws of this State county powers,
rights, duties, functions, privileges, and immunities of every name and nature."
SECTION 106. G.S. 153A‑158 reads as rewritten:
"§ 153A‑158. Power to acquire property.
A county may acquire, by gift, grant, devise, bequest,
exchange, purchase, lease, or any other lawful method, the fee or any lesser
interest in real or personal property for use by the county or any department,
board, commission, or agency of the county. In exercising the power of eminent
domain a county shall use the procedures of Chapter 40A."
SECTION 107. G.S. 153A‑263 reads as rewritten:
"§ 153A‑263. Public library systems authorized.
A county or city may:
(5) Acquire library materials by purchase, exchange, bequest,
devise, gift, or any other lawful method;
(7) Accept any gift, grant, lease, loan, exchange, bequest,
or devise of real or personal property for a public library system. Devises, bequests,
grants, and gifts may be accepted and held subject to any term or condition
that may be imposed by the grantor or trustor, except that no county or city
may accept or administer any term or condition that requires it to discriminate
among its citizens on the basis of race, sex, or religion."
SECTION 108. G.S. 153A‑269 reads as rewritten:
"§ 153A‑269. Title to library property.
The title to all property acquired by a county or city for
library purposes shall be in the name of the county or city. If property is
given, granted, devised, bequeathed, or otherwise conveyed to the board
of trustees of a county or city library system, it shall be deemed to have been
conveyed to the county or city and shall be held in the name of the county or
city."
SECTION 109. G.S. 157‑9(a) reads as rewritten:
"§ 157‑9. Powers of authority.
(a) An authority shall constitute a public body and a body corporate and politic, exercising public powers, and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Article, including the following powers in addition to others herein granted:
To investigate into living, dwelling and housing conditions
and into the means and methods of improving such conditions; to determine where
unsafe, or insanitary dwelling or housing conditions exist; to study and make
recommendations concerning the plan of any city or municipality located within
its boundaries in relation to the problem of clearing, replanning and
reconstruction of areas in which unsafe or insanitary dwelling or housing
conditions exist, and the providing of dwelling accommodations for persons of
low income, and to cooperate with any city municipal or regional planning
agency; to prepare, carry out and operate housing projects; to approve, assist,
and cooperate with, as its instrumentality, a nonprofit corporation in
providing financing by the issuance by such nonprofit corporation's obligations
(which obligations shall not be or be deemed to be indebtedness of a housing
authority) for one or more housing projects, pursuant to the United States
Housing Act of 1937, as amended, and applicable regulations thereunder,
specifically including, but not limited to, programs to make construction and
other loans to developers or owners of residential housing, and to acquire,
operate or manage such a housing project, and to administer federal housing
assistance subsidy payments for such projects; to provide for the construction,
reconstruction, improvement, alteration or repair of any housing project or any
part thereof; to take over by purchase, lease or otherwise any housing project
located within its boundaries undertaken by any government, or by any city or
municipality located in whole or in part within its boundaries; to manage as agent
of any city or municipality located in whole or in part within its boundaries
any housing project constructed or owned by such city; to act as agent for the
federal government in connection with the acquisition, construction, operation
and/or management of a housing project or any part thereof; to arrange with any
city or municipality located in whole or in part within its boundaries or with
a government for the furnishing, planning, replanning, installing, opening or
closing of streets, roads, roadways, alleys, sidewalks or other places or
facilities or for the acquisition by such city, municipality, or government of
property, options or property rights or for the furnishing of property or
services in connection with a project; to arrange with the State, its
subdivisions and agencies, and any county, city or municipality of the State,
to the extent that it is within the scope of each of their respective
functions, (i) to cause the services customarily provided by each of them to be
rendered for the benefit of such housing authority and/or the occupants of any
housing projects and (ii) to provide and maintain parks and sewage, water and
other facilities adjacent to or in connection with housing projects and (iii)
to change the city or municipality map, to plan, replan, zone or rezone any
part of the city or municipality; to lease or rent any of the dwelling or other
accommodations or any of the lands, buildings, structures or facilities
embraced in any housing project and to establish and revise the rents or
charges therefor; to enter upon any building or property in order to conduct
investigations or to make surveys or soundings; to purchase, lease, obtain
options upon, acquire by gift, grant, bequest, devise, or otherwise any
property real or personal or any interest therein from any person, firm,
corporation, city, municipality, or government; to acquire by eminent domain
any real property, including improvements and fixtures thereon; to sell,
exchange, transfer, assign, or pledge any property real or personal or any
interest therein to any person, firm, corporation, municipality, city, or
government; to own, hold, clear and improve property; to insure or provide for
the insurance of the property or operations of the authority against such risks
as the authority may deem advisable; to procure insurance or guarantees from a
federal government of the payment of any debts or parts thereof secured by
mortgages made or held by the authority on any property included in any housing
project; to borrow money upon its bonds, notes, debentures or other evidences
of indebtedness and to secure the same by pledges of its revenues, and by
mortgages upon property held or to be held by it, or in any other manner; in
connection with any loan, to agree to limitations upon its right to dispose of
any housing project or part thereof or to undertake additional housing
projects; in connection with any loan by a government, to agree to limitations
upon the exercise of any powers conferred upon the authority by this Article;
to invest any funds held in reserves or sinking funds, or any funds not
required for immediate disbursement, in property or securities in which savings
banks may legally invest funds subject to their control; to sue and be sued; to
have a seal and to alter the same at pleasure; to have perpetual succession; to
make and execute contracts and other instruments necessary or convenient to the
exercise of the powers of the authority; to make and from time to time amend
and repeal bylaws, rules and regulations not inconsistent with this Article, to
carry into effect the powers and purposes of the authority; to conduct
examinations and investigations and to hear testimony and take proof under oath
at public or private hearings on any matter material for its information; to
issue subpoenas requiring the attendance of witnesses or the production of
books and papers and to issue commissions for the examination of witnesses who
are out of the State or unable to attend before the authority, or excused from
attendance; and to make available to such agencies, boards or commissions as
are charged with the duty of abating or requiring the correction of nuisances
or like conditions, or of demolishing unsafe or insanitary structures within
its territorial limits, its findings and recommendations with regard to any
building or property where conditions exist which are dangerous to the public
health, morals, safety or welfare. Any of the investigations or examinations
provided for in this Article may be conducted by the authority or by a committee
appointed by it, consisting of one or more commissioners, or by counsel, or by
an officer or employee specially authorized by the authority to conduct it. Any
commissioner, counsel for the authority, or any person designated by it to
conduct an investigation or examination shall have power to administer oaths,
take affidavits and issue subpoenas or commissions. An authority may exercise
any or all of the powers herein conferred upon it, either generally or with
respect to any specific housing project or projects, through or by an agent or
agents which it may designate, including any corporation or corporations which
are or shall be formed under the laws of this State, and for such purposes an
authority may cause one or more corporations to be formed under the laws of
this State or may acquire the capital stock of any corporation or corporations.
Any corporate agent, (i) all of the stock of which shall be owned by the
authority or its nominee or nominees or (ii) the board of directors of which
shall be elected or appointed by the authority or is composed of the
commissioners of the authority or (iii) which is otherwise subject to the
control of the authority or the governmental entity which created the
authority, may to the extent permitted by law exercise any of the powers
conferred upon the authority herein. In addition to all of the other powers
herein conferred upon it, an authority may do all things necessary and
convenient to carry out the powers expressly given in this Article. No
provisions with respect to the acquisition, operation or disposition of
property by other public bodies shall be applicable to an authority unless the
legislature shall specifically so state."
SECTION 110. G.S. 160A‑11 reads as rewritten:
"§ 160A‑11. Corporate powers.
The inhabitants of each city heretofore or hereafter
incorporated by act of the General Assembly or by the Municipal Board of
Control shall be and remain a municipal corporation by the name specified in
the city charter. Under that name they shall be vested with all of the property
and rights in property belonging to the corporation; shall have perpetual
succession; may sue and be sued; may contract and be contracted with; may
acquire and hold any property, real and personal, devised, bequeathed,
sold, or in any manner conveyed, dedicated to, or otherwise acquired by them,
and from time to time may hold, invest, sell, or dispose of the same; may have
a common seal and alter and renew the same at will; and shall have and may
exercise in conformity with the city charter and the general laws of this State
all municipal powers, functions, rights, privileges, and immunities of every
name and nature whatsoever.
All documents required or permitted by law to be executed by municipal corporations will be legally valid and binding in this respect when a legible corporate stamp, which is a facsimile of its seal, is used in lieu of an imprinted or embossed corporate or common seal."
SECTION 111. G.S. 160A‑163(b) reads as rewritten:
"(b) The council may create and administer a
special fund for the relief of members of the police and fire departments who
have been retired for age, or for disability or injury incurred in the line of
duty, but any such funds established on or after January 1, 1972, shall be
subject to the provisions of subsection (c) of this section. The council may
receive donations and bequests devises in aid of any such fund,
shall provide for its permanence and increase, and shall prescribe and regulate
the conditions under which benefits may be paid."
SECTION 112. G.S. 160A‑240.1 reads as rewritten:
"§ 160A‑240.1. Power to acquire property.
A city may acquire, by gift, grant, devise, bequest,
exchange, purchase, lease, or any other lawful method, the fee or any lesser
interest in real or personal property for use by the city or any department,
board, commission or agency of the city. In exercising the power of eminent
domain a city shall use the procedures of Chapter 40A."
SECTION 113. G.S. 160A‑347(a) reads as rewritten:
"(a) A city is authorized to create a perpetual
care trust fund for any cemeteries under its ownership or control, to accept
gifts, grants, bequests, and devises on behalf of the perpetual care
trust fund, to deposit any revenues realized from the sale of lots in or the
operation of city cemeteries in the perpetual care trust fund, and to hold and
administer the trust fund for the purpose of perpetually caring for and
beautifying the city's cemeteries. The city may make contracts with the owners
of plots in city cemeteries obligating the city to maintain the plots in
perpetuity upon payment of such sums as the council may fix."
SECTION 114. G.S. 160A‑349.12 reads as rewritten:
"§ 160A‑349.12. Power to accept gifts; exclusive use of gifts.
The board of trustees of any cemetery shall have the power to
accept gifts, either by devise, bequeath devise or otherwise, and
hold the same for the purposes expressed in the gift, and any moneys monies
coming into the hands of such board by devise or otherwise shall be by the
board used exclusively for the purposes for which it is given."
SECTION 115. G.S. 160A‑353 reads as rewritten:
"§ 160A‑353. Powers.
In addition to any other powers it may possess to provide for the general welfare of its citizens, each county and city in this State shall have authority to:
(6) Accept any gift, grant, lease, loan, bequest,
or devise of real or personal property for parks and recreation programs. Devises,
bequests, Devises and gifts may be accepted and held subject to such
terms and conditions as may be imposed by the grantor or trustor, except that
no county or city may accept or administer any terms that require it to
discriminate among its citizens on the basis of race, sex, or religion."
SECTION 116. G.S. 160A‑401 reads as rewritten:
"§ 160A‑401. Legislative intent.
It is the intent of the General Assembly in enacting this
Part to provide a means whereby any county or city may acquire, by purchase,
gift, grant, bequest, devise, lease, or otherwise, and through the
expenditure of public funds, the fee or any lesser interest or right in real
property in order to preserve, through limitation of their future use, open
spaces and areas for public use and enjoyment."
SECTION 117. G.S. 160A‑402 reads as rewritten:
"§ 160A‑402. Finding of necessity.
The General Assembly finds that the rapid growth and spread
of urban development in the State is encroaching upon, or eliminating, many
open areas and spaces of varied size and character, including many having
significant scenic or esthetic values, which areas and spaces if preserved and
maintained in their present open state would constitute important physical,
social, esthetic, or economic assets to existing and impending urban
development. The General Assembly declares that it is necessary for sound and
proper urban development and in the public interest of the people of this State
for any county or city to expend or advance public funds for, or to accept by
purchase, gift, grant, bequest, devise, lease, or otherwise, the fee or
any lesser interest or right in real property so as to acquire, maintain,
improve, protect, limit the future use of, or otherwise conserve open spaces
and areas within their respective jurisdictions as defined by this Article.
The General Assembly declares that the acquisition of interests or rights in real property for the preservation of open spaces and areas constitutes a public purpose for which public funds may be expended or advanced."
SECTION 118. G.S. 160A‑403 reads as rewritten:
"§ 160A‑403. Counties or cities authorized to acquire and reconvey real property.
Any county or city in the State may acquire by purchase,
gift, grant, bequest, devise, lease, or otherwise, the fee or any lesser
interest, development right, easement, covenant, or other contractual right of
or to real property within its respective jurisdiction, when it finds that the
acquisition is necessary to achieve the purposes of this Part. Any county or
city may also acquire the fee to any property for the purpose of conveying or
leasing the property back to its original owner or other person under covenants
or other contractual arrangements that will limit the future use of the
property in accordance with the purposes of this Part, but when this is done,
the property may be conveyed back to its original owner but to no other person
by private sale."
SECTION 119. G.S. 160A‑479.13 reads as rewritten:
"§ 160A‑479.13. Acquisition of property.
In addition to the powers hereinbefore granted, an authority
may, in its charter, be granted continuing power to acquire, by gift, grant,
devise, bequest, exchange, purchase, lease with or without option to
purchase, or any other lawful method, the fee or any lesser interest in real or
personal property for use by an authority."
SECTION 120. G.S. 160A‑512 reads as rewritten:
"§ 160A‑512. Powers of commission.
A commission shall constitute a public body, corporate and politic, exercising public and essential governmental powers, which powers shall include all powers necessary or appropriate to carry out and effectuate the purposes and provisions of this Article, including the following powers in addition to those herein otherwise granted:
(6) Within its area of operation, to purchase, obtain
options upon, acquire by gift, grant, bequest, devise, eminent domain or
otherwise, any real or personal property or any interest therein, together with
any improvements thereon, necessary or incidental to a redevelopment project,
except that eminent domain may only be used to take a blighted parcel; to hold,
improve, clear or prepare for redevelopment any such property, and subject to
the provisions of G.S. 160A‑514, and with the approval of the local
governing body sell, exchange, transfer, assign, subdivide, retain for its own
use, mortgage, pledge, hypothecate or otherwise encumber or dispose of any real
or personal property or any interest therein, either as an entirety to a single
"redeveloper" or in parts to several redevelopers; provided that the
commission finds that the sale or other transfer of any such part will not be
prejudicial to the sale of other parts of the redevelopment area, nor in any
other way prejudicial to the realization of the redevelopment plan approved by
the governing body; to enter into contracts, either before or after the real
property that is the subject of the contract is acquired by the Commission
(although disposition of the property is still subject to G.S. 160A‑514),
with "redevelopers" of property containing covenants, restrictions,
and conditions regarding the use of such property for residential, commercial,
industrial, recreational purposes or for public purposes in accordance with the
redevelopment plan and such other covenants, restrictions and conditions as the
commission may deem necessary to prevent a recurrence of blighted areas or to
effectuate the purposes of this Article; to make any of the covenants,
restrictions or conditions of the foregoing contracts covenants running with
the land, and to provide appropriate remedies for any breach of any such
covenants or conditions, including the right to terminate such contracts and
any interest in the property created pursuant thereto; to borrow money and
issue bonds therefor and provide security for bonds; to insure or provide for
the insurance of any real or personal property or operations of the commission
against any risks or hazards, including the power to pay premiums on any such
insurance; and to enter into any contracts necessary to effectuate the purposes
of this Article;
. "
SECTION 121. G.S. 160A‑619(a) reads as rewritten:
"(a) The Authority shall have continuing power to
acquire, by gift, grant, devise, bequest, exchange, purchase, lease with
or without option to purchase, or any other lawful method, including but not
limited to the power of eminent domain, the fee or any lesser interest in real
or personal property for use by the Authority."
SECTION 122. G.S. 160A‑649(a) reads as rewritten:
"(a) The Authority shall have continuing power to
acquire, by gift, grant, devise, bequest, exchange, purchase, lease with
or without option to purchase, or any other lawful method, including, but not
limited to, the power of eminent domain, the fee or any lesser interest in real
or personal property for use by the Authority."
SECTION 123. G.S. 160A‑674(a) reads as rewritten:
"(a) The district shall have continuing power to
acquire, by gift, grant, devise, bequest, exchange, purchase, lease with
or without option to purchase, or any other lawful method including, but not
limited to, the power of eminent domain, the fee or any lesser interest in real
or personal property for use by the district."
SECTION 124. G.S. 162A‑88 reads as rewritten:
"§ 162A‑88. District is a municipal corporation.
The inhabitants of a county water and sewer district created
pursuant to this Article are a body corporate and politic by the name specified
by the board of commissioners. Under that name they are vested with all the
property and rights of property belonging to the corporation; have perpetual
succession; may sue and be sued; may contract and be contracted with; may
acquire and hold any property, real and personal, devised, bequeathed,
sold, or in any manner conveyed, dedicated to, or otherwise acquired by them,
and from time to time may hold, invest, sell, or dispose of the same; may have
a common seal and alter and renew it at will; may establish, revise and collect
rates, fees or other charges and penalties for the use of or the services
furnished or to be furnished by any sanitary sewer system, water system or
sanitary sewer and water system of the district; and may exercise those powers
conferred on them by this Article."
SECTION 125. G.S. 165‑31 reads as rewritten:
"§ 165‑31. Powers of authority.
An authority shall constitute a public body and a body corporate and politic, exercising public powers, and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Article, including the following powers in addition to others herein granted:
To sue and be sued in any court; to make, use and alter a
common seal; to purchase, acquire by devise or bequest, devise,
hold and convey real and personal property; to elect and appoint, in such
manner as it determines to be proper, all necessary officers and agents, fix
their compensation and define their duties and obligations; to make bylaws and
regulations consistent with the laws of the State, for its own government and
for the due and orderly conduct of its affairs and management of its property;
without limiting the generality of the foregoing, to do any and everything that
may be useful and necessary in order to provide recreation for veterans."
SECTION 126. G.S. 165‑39 reads as rewritten:
"§ 165‑39. Validity of acts of agent performed after death of principal.
No agency created by a power of attorney in writing given by
a principal who is at the time of execution, or who, after executing such power
of attorney, becomes, either (i) a member of the armed forces of the United
States, or (ii) a person serving as a merchant seaman outside the limits of the
United States, included within the several states and the District of Columbia;
or (iii) a person outside said limits by permission, assignment or direction of
any department or official of the United States government, in connection with
any activity pertaining to or connected with the prosecution of any war in
which the United States is then engaged, shall be revoked or terminated by the
death of the principal, as to the agent or other person who, without actual
knowledge or actual notice of the death of the principal, shall have acted or
shall act, in good faith, under or in reliance upon such power of attorney or
agency, and any action so taken, unless otherwise invalid or unenforceable,
shall be binding on the heirs, devisees, legatees, or personal
representatives of the principal."
SECTION 127. G.S. 165‑48(b) reads as rewritten:
"(b) Composition. The trust fund shall consist of
all funds and monies received by the Veterans Affairs Commission or the
Division of Veterans Affairs from the United States, any federal agency or
institution, and any other source, whether as a grant, appropriation, gift,
contribution, bequest devise, or individual reimbursement, for
the care and support of veterans who have been admitted to a State veterans
home."
SECTION 128. G.S. 165‑49(b) reads as rewritten:
"(b) The Division of Veterans Affairs may receive
from any source any gift, contribution, bequest, devise, or
individual reimbursement, the receipt of which does not exclude any other
source of revenue."
SECTION 129. The Revisor of Statutes is authorized to substitute, consistent with this act, the term "devisee" for the term "legatee" wherever this term appears in the General Statutes, except that where the term "legatee" appears in a list that already includes the term "devisee," the Revisor is authorized to delete the term "legatee" and make grammatically necessary adjustments in conjunctions and punctuation.
SECTION 130. The Revisor of Statutes is authorized to substitute, consistent with this act, the term "devise" for the term "legacy" wherever this term appears in the General Statutes, except that where the term "legacy" appears in a list that already includes the term "devise," the Revisor is authorized to delete the term "legacy" and make grammatically necessary adjustments in conjunctions and punctuation.
SECTION 131. The Revisor of Statutes is authorized to substitute, consistent with this act, the term "devise" for the terms "bequest" and "bequeath" wherever these terms appear in the General Statutes, except that where the term "bequest" or the term "bequeath" appears in a list that already includes the term "devise," the Revisor is authorized to delete "bequest" or "bequeath" and make grammatically necessary adjustments in conjunctions and punctuation.
PART III. EFFECTIVE DATE
SECTION 132. This act is effective when it becomes law.
