§ 61-5. Authority of bishops, ministers, etc., to acquire, hold and transfer property; prior transfers validated. - North Carolina Statutes

§61‑5.  Authority of bishops, ministers, etc., to acquire, hold andtransfer property; prior transfers validated.

Whenever the laws, rules, orecclesiastic polity of any church or religious sect, society or denomination,commits to its duly elected or appointed bishop, minister or otherecclesiastical officer, authority to administer its affairs, such duly electedor appointed bishop, minister or other ecclesiastical officer shall have powerto acquire by gift, purchase or otherwise, and to hold, improve, mortgage, selland convey the property, real or personal, of any such  church or religioussect, society or denomination, for the purposes, in the manner and otherwise asauthorized and permitted by its laws, rules or ecclesiastic polity; and in theevent of the transfer, removal, resignation or death of any such bishop,minister or other ecclesiastical officer, the title and all rights with respectto any such property shall pass to and become vested in his duly elected orappointed successor immediately upon appointment or election, and pendingappointment or election of such successor, such title and rights shall bevested in such person or persons as shall be designated by the laws, rules orecclesiastic polity of such church or religious sect, society or denomination.

All deeds, deeds of trust,mortgages, wills or other instruments made prior to March 24, 1939, to or by aduly elected or appointed bishop, minister or other ecclesiastical officer,who, at the time of the making of any such deed, deed of trust, mortgage, willor other instrument, or thereafter, had authority to administer the affairs ofany church, religious sect, society or denomination under its laws, rules orecclesiastic polity, transferring property, real or personal, of any such churchor religious sect, society or denomination, are hereby ratified and declaredvalid; and all transfers of title and rights with respect to property, prior toMarch 24, 1939, from a predecessor bishop, minister or other ecclesiasticalofficer who has resigned or died, or has been transferred or removed, to hisduly elected or appointed successor, by the laws, rules or ecclesiastic polityof any such church, or religious sect, society or denomination, either bywritten instruments or solely by virtue of the election or appointment of suchsuccessor, are also hereby ratified and declared valid.

This section shall not affectvested rights, or repeal any of the provisions of G.S. 61‑1 to 61‑4,or of G.S. 36‑21 to 36‑23. (1939, c. 177.)