35A-1344. Objections to proposed gift; fact that incompetent had previously made similar gifts.
If any objection is filed by one to whom notice has been given under the terms of this Article, the clerk shall bring it to the attention of the judge, who shall hear the same, and determine the validity and materiality of such objection and make his order accordingly. If no such objection is filed, the judge shall include a finding to that effect in such order as he may make. The judge shall not withhold his approval merely because the incompetent, prior to becoming incompetent, had not made gifts to the same donees or other gifts similar in amount or type. (1963, c. 112, s. 5; 1987, c.550, s. 5.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 35A - Incompetency and Guardianship
Article 18 - Gifts from Principal for Certain Purposes.
§ 35A-1340 - Gifts authorized with approval of judge of superior court.
§ 35A-1341 - Prerequisites to approval by judge of gifts for governmental or charitable purposes.
§ 35A-1341.1 - Prerequisites to approval by judge of gifts to individuals.
§ 35A-1342 - Who deemed specific and residuary devisees of incompetent under § 35A-1341.
§ 35A-1343 - Notice to minors and incompetents under § 35A-1341 and § 35A-1341.1.
§ 35A-1344 - Objections to proposed gift; fact that incompetent had previously made similar gifts.