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Ch. 540 1955
—
Session Laws
H. B. 173 CHAPTER 540
AN ACT TO AMEND VARIOUS SECTIONS OF THE GENERAL STAT-UTES
RELATING TO THE EFFECTS OF LEGITIMATION AND RE-LATING
TO THE INHERITANCE RIGHTS AND DISTRIBUTION OF
PERSONAL PROPERTY TO AND FROM A LEGITIMATED CHILD.
The General Assembly of North Carolina do enact:
Section 1. Paragraph 12 of G. S. 28-149 is hereby rewritten to read
as follows:
"12. When any child born out of wedlock shall have been legitimated
in accordance with the provisions of G. S. 49-10 or G. S. 49-12, such child
shall be entitled, by succession, inheritance or distribution, to personal
property by, through and from his father and mother as if such child had
been born in lawful wedlock. If any such child dies intestate, his personal
property shall be distributed according to this Chapter among those who
would be his next of kin in case he had been born in lawful wedlock."
Sec. 2. G. S. 49-11 is hereby amended by rewriting the first sentence
thereof to read as follows:
"The effect of legitimation under G. S. 49-10 shall be to impose upon the
father and mother all the obligations which parents owe to their lawful
issue, and to entitle such child by succession, inheritance or distribution,
to real and personal property by, through, and from his father and mother
as if such child had been born in lawful wedlock."
Sec. 3. G. S. 49-12 is hereby rewritten to read as follows:
"Sec. 49-12. Legitimation by Subsequent Marriage.—When the mother
of any child born out of wedlock and the reputed father of such child shall
intermarry or shall have intermarried at any time after the birth of such
child, the child shall, in all respects after such intermarriage be deemed
and held to be legitimate and the child shall be entitled, by succession, in-heritance
or distribution, to real and personal property by, through, and
from his father and mother as if such child had been born in lawful wed-lock.
In case of death and intestacy, the real and personal estate of such
child shall be transmitted and distributed according to the statute of
descents and distribution among those who would be his heirs and next
of kin in case he had been born in lawful wedlock."
Sec. 4. Rule 16 of G. S. 29-1 is hereby rewritten as follows:
"Rule 16. Succession and Inheritance Rights to and from Legitimated
Children.—When any child born out of wedlock shall have been legitimated
in accordance with the provisions of G. S. 49-10 or G. S. 49-12, such child
and his issue shall be entitled by succession or inheritance to real property
by, through, and from his father and mother as if such child had been
born in lawful wedlock. If any such child dies intestate, his real property
shall be transmitted according to this Chapter among those who would
be his heirs in case he had been born in lawful wedlock."
Sec. 5. All laws and clauses of laws in conflict with this Act are hereby
repealed.
Sec. 6. This Act shall be in full force and effect from and after July
1, 1955.
486
Object Description
Description
| Title | Page 540 |
| Full Text | Ch. 540 1955 — Session Laws H. B. 173 CHAPTER 540 AN ACT TO AMEND VARIOUS SECTIONS OF THE GENERAL STAT-UTES RELATING TO THE EFFECTS OF LEGITIMATION AND RE-LATING TO THE INHERITANCE RIGHTS AND DISTRIBUTION OF PERSONAL PROPERTY TO AND FROM A LEGITIMATED CHILD. The General Assembly of North Carolina do enact: Section 1. Paragraph 12 of G. S. 28-149 is hereby rewritten to read as follows: "12. When any child born out of wedlock shall have been legitimated in accordance with the provisions of G. S. 49-10 or G. S. 49-12, such child shall be entitled, by succession, inheritance or distribution, to personal property by, through and from his father and mother as if such child had been born in lawful wedlock. If any such child dies intestate, his personal property shall be distributed according to this Chapter among those who would be his next of kin in case he had been born in lawful wedlock." Sec. 2. G. S. 49-11 is hereby amended by rewriting the first sentence thereof to read as follows: "The effect of legitimation under G. S. 49-10 shall be to impose upon the father and mother all the obligations which parents owe to their lawful issue, and to entitle such child by succession, inheritance or distribution, to real and personal property by, through, and from his father and mother as if such child had been born in lawful wedlock." Sec. 3. G. S. 49-12 is hereby rewritten to read as follows: "Sec. 49-12. Legitimation by Subsequent Marriage.—When the mother of any child born out of wedlock and the reputed father of such child shall intermarry or shall have intermarried at any time after the birth of such child, the child shall, in all respects after such intermarriage be deemed and held to be legitimate and the child shall be entitled, by succession, in-heritance or distribution, to real and personal property by, through, and from his father and mother as if such child had been born in lawful wed-lock. In case of death and intestacy, the real and personal estate of such child shall be transmitted and distributed according to the statute of descents and distribution among those who would be his heirs and next of kin in case he had been born in lawful wedlock." Sec. 4. Rule 16 of G. S. 29-1 is hereby rewritten as follows: "Rule 16. Succession and Inheritance Rights to and from Legitimated Children.—When any child born out of wedlock shall have been legitimated in accordance with the provisions of G. S. 49-10 or G. S. 49-12, such child and his issue shall be entitled by succession or inheritance to real property by, through, and from his father and mother as if such child had been born in lawful wedlock. If any such child dies intestate, his real property shall be transmitted according to this Chapter among those who would be his heirs in case he had been born in lawful wedlock." Sec. 5. All laws and clauses of laws in conflict with this Act are hereby repealed. Sec. 6. This Act shall be in full force and effect from and after July 1, 1955. 486 |
