Bill Text: NC S252 | 2011-2012 | Regular Session | Enrolled
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-Enrolled.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
SENATE BILL 252
RATIFIED BILL
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.
In the General Assembly read three times and ratified this the 14th day of June, 2011.
_____________________________________
Walter H. Dalton
President of the Senate
_____________________________________
Thom Tillis
Speaker of the House of Representatives
_____________________________________
Beverly E. Perdue
Governor
Approved __________.m. this ______________ day of ___________________, 2011