Public-domain · open source
OpenJurist

N.C. Gen. Stat. § 41-5

Unborn infant may take by deed or writing

Showing this section's text as in effect on June 1, 2021 (in force June 1, 2021 – April 1, 2022). View current text →

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.

History

(R.C., c. 43, s. 4; Code, s. 1328; Rev., s. 1582; C.S., s. 1738.)

Legal Periodicals. - For article, "The Rule in Wild's Case in North Carolina," see 55 N.C.L. Rev. 751 (1977).

For note on the wrongful death of a viable fetus, see 23 Wake Forest L. Rev. 849 (1988).

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.