2018 North Carolina General Statutes
Chapter 35A - Incompetency and Guardianship
Article 14 - Sale, Mortgage, Exchange or Lease of Ward's Estate.
§ 35A-1303 - Fund from sale has character of estate sold and subject to same trusts.
35A-1303. Fund from sale has character of estate sold and subject to same trusts.
Whenever, in consequence of any sale under G.S. 35A-1301, the real or personal property of the ward is saved from demands to which in the first instance it may be liable, the final decree shall declare and set apart a portion of the personal or real estate thus saved, of value equal to the real and personal estate sold, as property exchanged for that sold; and in all sales by guardians whereby real is substituted by personal, or personal by real property, the beneficial interest in the property acquired shall be enjoyed, alienated, or devised and shall descend and be distributed, as by law the property sold might and would have been had it not been sold, until it be reconverted from the character thus impressed upon it by some act of the owner and restored to its character proper. (1987, c. 550, s. 1; 2011-284, s. 38.)
