N.C. Gen. Stat. § 39-1.1
In construing conveyances court shall give effect to intent of the parties
Redline — June 1, 2021 → current.View current text →
Current — April 1, 2022
As of June 1, 2021
(1) In construing a conveyance executed after January 1, 1968, in which there are inconsistent clauses, the courts shall determine the effect of the instrument on the basis of the intent of the parties as it appears from all of the provisions of the instrument.
(1) In construing a conveyance executed after January 1, 1968, in which there are inconsistent clauses, the courts shall determine the effect of the instrument on the basis of the intent of the parties as it appears from all of the provisions of the instrument.
(2) The provisions of subsection (a) of this section shall not prevent the application of the rule in Shelley's case.
(2) The provisions of subsection (a) of this section shall not prevent the application of the rule in Shelley’s case.
History
(1967, c. 1182.)
Legal Periodicals. - For comment on the rule in Shelley's case, see 4 Wake Forest Intra. L. Rev. 132 (1968).
For note on the continued use of the Artis-Oxendine rule in the construction of deeds, see 13 Wake Forest L. Rev. 478 (1977).
For article, "The Rule Against Perpetuities in North Carolina," see 57 N.C.L. Rev. 727 (1979).
For note as to the transfer of land by wills in light of Stephenson v. Rowe, 315 N.C. 330, 338 S.E.2d 301 (1986), see 65 N.C.L. Rev. 1488 (1987).
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.