NORTH CAROLINA GENERAL ASSEMBLY

1961 SESSION

 

 

CHAPTER 396

SENATE BILL 203

 

 

AN ACT TO AMEND CHAPTER 34 OF THE GENERAL STATUTES RELATING TO VETERANS' GUARDIANSHIP MATTERS.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 34‑2 is hereby amended by deleting the third paragraph which reads as follows:

"The terms 'estate' and 'income' shall include only moneys received by the guardian from the Bureau and all earnings, interests and profits derived therefrom."

And inserting the following in place thereof:

"'Income' means moneys received from the Veterans Administration and revenue or profit from any property wholly or partially acquired therewith."

"'Estate' means income on hand and assets acquired partially or wholly with 'income'".

Sec. 2.  G.S. 34‑10 is hereby amended by changing the period after the word 'account', at the end of the first sentence of the second paragraph of that Section, to a semicolon and inserting thereafter the following:

"Provided that banks, organized under the laws of North Carolina or the Acts of Congress, engaged in doing a trust and fiduciary business in this State, when acting as guardian, or in other fiduciary capacity, shall be exempt from the requirement of exhibiting such investments and bank statements, and the Clerk of Superior Court shall not be required to so certify as to the accounts of such banks, except that in addition to the officers verifying the account, there shall be added a certificate of other officers of the bank certifying that all assets referred to in the account are held by the guardian."

Sec. 3.  G.S. 34‑14 is hereby amended by inserting the following as the first sentence of that Section, immediately preceding the word "A" in the first line thereof:

"A guardian may apply any income received from the Veterans Administration for the benefit of the ward in the same manner and to the same extent as other income of the estate without the necessity of securing and order of court."

Sec. 4.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 5.  This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 9th day of May, 1961.