§ 28B-9. Specific property valued at less than $5,000; summary procedure.
§28B‑9. Specific property valued at less than $5,000; summary procedure.
(a) If the spouse ofany person defined as an absentee in military service by this Chapter, or hisnext of kin, if said absentee in military service has no spouse, shall wish tosell or transfer any property of the absentee in military service which has agross value of less than five thousand dollars ($5,000), or shall require theconsent of the absentee in military service in any matter regarding thechildren of the absentee in military service, or in any other matter in whichthe gross value of the subject matter is less than five thousand dollars($5,000), such spouse may apply to the superior court for an order authorizingsaid sale, transfer, or consent without opening a full receivership proceedingas provided by this Chapter. Said application shall be made by petition on thefollowing form, which form shall be made available to the applicant by theclerk of the superior court:
STATE OF NORTH CAROLINA
______COUNTY
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
In re: (absentee), PETITION FORSUMMARY APPOINTMENT OF RECEIVER NOW COMES, (name of petitioner), petitioner inthis action, pursuant to G.S.______, and requests the Court that he beappointed a receiver to sell/transfer (describe property) of the value of(value) because (give reasons). Petitioner is______ years of age, resides at(address) in ______ County, North Carolina, and is the (relation) of (name ofabsentee) who has been (pow or mia) since (date of notification). The terms ofthe sale/transfer are (terms). Petitioner requires the consent of the absenteefor the purpose of (give reasons).
(Signature)___________________________
The above named, ______, beingby me duly sworn, says the foregoing petition is true and correct to the bestof his knowledge.
____________________________________
NotaryPublic
Mycommission expires ___________
(b) The court shall,without hearing or notice, enter an order on said petition if it deems therelief requested in said petition necessary to protect the best interest of theabsentee in military service or his dependents.
(c) Such order shall beprima facie evidence of the validity of the proceedings and the authority ofthe petitioner to make a conveyance or transfer property or to give the consentof the absentee in military service in any matter prescribed by subsection (a).(1973, c. 522, s. 9.)