N.C. Gen. Stat. » Chapter 31
NC General Statutes

N.C. Gen. Stat. § 31-40 (2026)

What property passes by will

✓ laws through the 2026 session (checked Oct. 2026)
Find cases: SyfertCases citing this section NCLEGncleg.gov (official) JustiaChapter 31 CornellLII Search CasesGoogle Scholar

Any testator, by the testator's a will duly executed, may devise or dispose of all real and personal property which the testator shall be entitled to at the time of the testator's death, and which, if not so devised or disposed of, would descend or devolve upon the testator's heirs at law, or upon the testator's personal representative; and the power hereby given shall extend to all contingent, executory, or other future interest in any real or personal property, whether the testator may or may not be the person or one of the persons in whom the same may become vested, or whether the testator may be entitled thereto under the instrument by which the same was created, or under any disposition thereof by deed or will; and also to all rights of entry for conditions broken, whether any such condition has or has not been broken at the testator's death, all other rights of entry, and possibilities of reverter; and also to such of the same estates, interests, and rights respectively, and other real and personal  property, as the testator may be entitled to at the time of the testator's death, notwithstanding that the testator may become entitled to the same subsequently to the execution of the testator's will. (1844, c. 88, s. 1; R.C., c. 119, s. 5; Code, s. 2140; Rev., s. 3140; C.S., s. 4164; 1973, c. 1446, s. 15; 2011-284, s. 33; 2011-344, s. 8.)

 

Notes of Decisions
Cited in 4 cases, 1951–1956 · leading case: Wachovia Bank & Trust Co. v. Waddell, 67 S.E.2d 651 (N.C. 1951).
Sort: Relevance Newest Treatment
Wachovia Bank & Trust Co. v. Waddell, 67 S.E.2d 651 (N.C. 1951). · cites it 2× “The interest in the Greensboro real estate devised to testator is a transmittible estate, G.S. § 31-40, Buffaloe v. Blalock, 232 N.”
Honeycutt v. Citizens Nat'l Bank in Gastonia, 89 S.E.2d 598 (N.C. 1955). “G.S. 31-40. The doctrine of equitable election is in derogation of the property right of the true owner.”
Taylor v. Taylor, 92 S.E.2d 136 (N.C. 1956). “” G.S. 31-40. Certainly, therefore, the testator, B.”
Wachovia Bank & Trust Co. v. Waddell, 67 S.E.2d 651 (N.C. 1951). “Tbe interest in tbe Greensboro real estate devised to testator is a transmittible estate, G.S. 31-40, Buffaloe v. Blalock, 232 N.C.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.