North Carolina § 31-40 - What property passes by will.

§ 31-40. What property passes by will.

Any testator, by the testator's a will duly executed, may devise or dispose of all real and personal property which the testator shall be entitled to at the time of the testator's death, and which, if not so devised or disposed of, would descend or devolve upon the testator's heirs at law, or upon 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 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 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 property, as the testator may be entitled to at the time of the testator's death, notwithstanding that the testator may become entitled to the same subsequently to the execution of the testator's will. History (1844, c. 88, s. 1; R.C., c. 119, s. 5; Code, s. 2140; Rev., s. 3140; C.S., s. 4164; 1973, c. 1446, s. 15; 2011-284, s. 33; 2011-344, s. 8.) Editor's Note. - This section was amended by Session Laws 2011-284, s. 33, and Session Laws 2011-344, s. 8, in the coded bill drafting format provided by G.S. 120-20.1. The word "a" before "will," as added by Session Laws 2011-284, s. 33, was not struck through by Session Laws 2011-344. The section has been set out in the form above at the direction of the Revisor of Statutes. Effect of Amendments. - Session Laws 2011-284, s. 33, effective June 24, 2011, throughout the section, substituted "personal property" for "personal estate," and "the testator" for "he" or similar language; and near the beginning, deleted "bequeath" following "devise" and "bequeathed" following "devised," and substituted "the testator's personal representative" for "his executor or administrator." Session Laws 2011-344, s. 8, effective January 1, 2012, and applicable to estates of decedents dying on or after that date, throughout the section, substituted "the testator's" for "his," or similar language. Legal Periodicals. - For article, "The Rule Against Perpetuities in North Carolina," see 57 N.C.L. Rev. 727 (1979). For note as to the transfer of land by wills in light of Stephenson v. Rowe, 315 N.C. 330 , 338 S.E.2d 301 (1986), see 65 N.C.L. Rev. 1488 (1987).