North Carolina § 31-37 - 1. Settlement agreement; filing of judgment.

§ 31-37. 1. Settlement agreement; filing of judgment.

Prior to an entry of judgment by the superior court in a caveat proceeding, the parties may enter into a settlement agreement, which must be approved by the superior court. Upon approval of a settlement agreement, the court shall enter judgment, without a verdict by a jury, in accordance with the terms of the settlement agreement. The consent of interested parties who are not aligned as parties pursuant to G.S. 31-33 is not necessary for a settlement agreement under this section. When judgment is entered by the superior court in a caveat proceeding, the clerk of superior court shall file a copy of the judgment in the estate file and shall make entry upon the page of the will book where such will is recorded to the effect that final judgment has been entered, either sustaining or setting aside the will. History (1989 (Reg. Sess., 1990), c. 949, s. 1; 2011-344, s. 8.) Effect of Amendments. - Session Laws 2011-344, s. 8, effective January 1, 2012, and applicable to estates of decedents dying on or after that date, rewrote the section catchline, which formerly read: "Parties may enter into a settlement agreement"; and rewrote the section, which formerly read: "Prior to an entry of judgment by the superior court in a caveat proceeding, the parties may enter into a settlement agreement, whereupon judgment may be entered by the court, without a verdict by a jury, in accordance with the terms of the settlement agreement, either sustaining or setting aside the contested will."