§ 35A-1321. Advancement of surplus income to certain relatives. - North Carolina Statutes

§35A‑1321.  Advancement of surplus income to certain relatives.

When any incompetent person,of full age, and not having made a valid will, has children or grandchildren(such grandchildren being the issue of a deceased child), and is possessed ofan estate, real or personal, whose annual income is more than sufficientabundantly and amply to support himself, and to support, maintain and educatethe members of his family, with all the necessaries and suitable comforts oflife, it is lawful for the clerk of the superior court for the county in whichsuch person has his residence to order from time to time, and so often as maybe judged expedient, that fit and proper advancements be made, out of thesurplus of such income, to any such child, or grandchild, not being a member ofhis family and entitled to be supported, educated and maintained out of theestate of such person. Whenever any incompetent person of full age, not beingmarried and not having issue, be possessed, or his guardian be possessed forhim, of any estate, real or personal, or of an income which is more thansufficient amply to provide for such person, it shall be lawful for the clerkof the superior court for the county in which such person resided prior toincompetency to order from time to time, and so often as he may deem expedient,that fit and proper advancements be made, out of the surplus of such estate orincome, to his or her parents, brothers and sisters, or grandparents to whosesupport, prior to his incompetency, he contributed in whole or in part. (R.C.,c. 57, s. 9; Code, s. 1677; Rev., s. 1900; C.S., s. 2296; Ex. Sess. 1924, c.93; 1971, c. 528, s. 32; 1977, c. 725, s. 5; 1987, c. 550, s. 3.)