§ 31-40. What property passes by will. - North Carolina Statutes

§31‑40.  What property passes by will.

Any testator, by his will dulyexecuted, may devise, bequeath, or dispose of all real and personal estatewhich he shall be entitled to at the time of his death, and which, if not sodevised, bequeathed, or disposed of, would descend or devolve upon his heirs atlaw, or upon his executor or administrator; and the power hereby given shallextend to all contingent, executory, or other future interest in any real orpersonal estate, whether the testator may or may not be the person or one ofthe persons in whom the same may become vested, or whether he may be entitledthereto under the instrument by which the same was created, or under anydisposition thereof by deed or will; and also to all rights of entry forconditions broken, whether any such condition has or has not been broken at thetestator's death, all other rights of entry, and possibilities of reverter; andalso to such of the same estates, interests, and rights respectively, and otherreal and personal estate, as the testator may be entitled to at the time of hisdeath, notwithstanding that he may become entitled to the same subsequently tothe execution of his 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.)