39-6.3. Inter vivos and testamentary conveyances of future interests permitted.
(a) The conveyance, by deed or will, of an existing future interest shall not be ineffective on the sole ground that the interest so conveyed is future or contingent. All future interests in real or personal property, including all reversions, executory interests, vested and contingent remainders, rights of entry both before and after breach of condition and possibilities of reverter may be conveyed by the owner thereof, by an otherwise legally effective conveyance, inter vivos or testamentary, subject, however, to all conditions and limitations to which such future interest is subject.
(b) The power to convey as provided in subsection (a), can be exercised by any form of conveyance, inter vivos or testamentary, which is otherwise legally effective in this State at the date of such conveyance to transfer a present estate of the same duration in the property.
(c) This section shall apply only to conveyances which become operative to transfer title on or after October 1, 1961. (1961, c. 435.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 1 - Construction and Sufficiency.
§ 39-1 - Fee presumed, though word "heirs" omitted.
§ 39-1.1 - In construing conveyances court shall give effect to intent of the parties.
§ 39-2 - Vagueness of description not to invalidate.
§ 39-4 - Conveyances by infant trustees.
§ 39-5 - Official deed, when official selling or empowered to sell is not in office.
§ 39-6 - Revocation of deeds of future interests made to persons not in esse.
§ 39-6.2 - Creation of interest or estate in personal property.
§ 39-6.3 - Inter vivos and testamentary conveyances of future interests permitted.
§ 39-6.4 - Creation of easements, restrictions, and conditions.
§ 39-6.5 - Elimination of seal.