NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 1084

HOUSE BILL 1128

 

 

AN ACT TO AMEND G.S. 33-31 RELATING TO SALES OF PROPERTY BELONGING TO MINORS AND INCOMPETENTS BY OTHERS THAN A GUARDIAN, VALIDATING SALES CONDUCTED BY GUARDIANS AD LITEM, COMMISSIONERS OF THE COURT, OR NEXT FRIENDS WHERE THE SAME HAVE BEEN REGULAR IN ALL OTHE RESPECTS AND SAID SALES WERE MADE PRIOR TO MARCH 30, 1966.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 33-31 is hereby amended by changing the period after the word "specify" in line 19 of said statute to a comma and adding the following: "Provided that on and after January 1, 1968, no sales of property belonging to minors or incompetents prior to the effective date of this Act, by next friend, guardian ad litem, or Commissioner of the Court regular in all other respects shall be declared invalid nor shall any claim or defense be asserted on the grounds that said sale was not made by a duly appointed guardian as provided herein or on the grounds that said minor or incompetent was not represented by a duly appointed guardian."

Sec. 1 ½.  G.S. 33-31 is further amended by adding a new sentence following the period on line 21 to read as follows: "The word 'guardian' whenever used herein shall be construed to include next friend, guardian ad litem, or Commissioner of the Court acting pursuant to this Article."

Sec. 2.  All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 3.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 3rd day of July, 1967.