41-5. Unborn infant may take by deed or writing.
An infant unborn, but in esse, shall be deemed a person capable of taking by deed or other writing any estate whatever in the same manner as if he were born. (R.C., c. 43, s. 4; Code, s. 1328; Rev., s. 1582; C.S., s. 1738.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 1 - Survivorship Rights and Future Interests.
§ 41-1 - Fee tail converted into fee simple.
§ 41-2.1 - Right of survivorship in bank deposits created by written agreement.
§ 41-2.2 - Joint ownership of securities.
§ 41-2.5 - Recodified as G.S41-56(d) by Session Laws 2020-50, s1(b), effective June 30, 2020.
§ 41-3 - Survivorship among trustees.
§ 41-4 - Limitations on failure of issue.
§ 41-5 - Unborn infant may take by deed or writing.
§ 41-6 - "Heirs" construed to be "children" in certain limitations.
§ 41-6.1 - Meaning of "next of kin."
§ 41-6.2 - Doctrine of worthier title abolished.
§ 41-6.3 - Rule in Shelley's case abolished.
§ 41-6.4 - Rule in Dumpor's Case abolished.
§ 41-6.5 - Common-law rule against perpetuities abolished.
§ 41-7 - Possession transferred to use in certain conveyances.
§ 41-8 - Collateral warranties abolished; warranties by life tenants deemed covenants.
§ 41-10.1 - Trying title to land where State claims interest.
§ 41-11 - Sale, lease or mortgage in case of remainders.
§ 41-11.2 - Sale of standing timber; life estate.
§ 41-12 - Sales or mortgages of contingent remainders validated.
§ 41-13 - Freeholders in petition for special taxes defined.