North Carolina § 41-3 - Survivorship among trustees.

Full text of North Carolina North Carolina General Statutes § 41-3 — Survivorship among trustees., with citation guidance and answers to common questions.

§ 41-3. Survivorship among trustees.

In all cases where only a naked trust not coupled with a beneficial interest has been created or exists, or shall be created, and the conveyance is to two or more trustees, the right to perform the trust and make estates under the same shall be exercised by any one of such trustees, in the event of the death of his cotrustee or cotrustees or the refusal or inability of the cotrustee or cotrustees to perform the trust; and in cases of trusts herein named the trustees shall hold as joint tenants, and in all respects as joint tenants held before the year 1784. History (1885, c. 327, s. 1; Rev., s. 1580; C.S., s. 1736.) Cross References. - As to limitation on actions by cotenants of personal property, see G.S. 1-29. As to survivorship among trustees with power of sale, see G.S. 45-8 .

Source: official North Carolina text · Last verified 2026-08-27

Frequently Asked Questions About North Carolina § 41-3

What does North Carolina General Statutes § 41-3 cover?

Section 41-3 ("Survivorship among trustees.") is part of the North Carolina General Statutes, the codified statutory law of North Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite North Carolina § 41-3?

A common citation format is "North Carolina General Statutes § 41-3" (North Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of North Carolina law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the North Carolina official source linked on this page or consult a licensed North Carolina attorney.

How does North Carolina § 41-3 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in North Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in North Carolina.