Supreme Court of North Carolina, 1916

Short v. Gurley

Short v. Gurley
Supreme Court of North Carolina · Decided December 22, 1916 · Pek
172 N.C. 866

Counsel

M. T. Dickinson for plaintiff. , Teague & Dees for defendant.

Short v. Gurley

Opinion of the Court

Pek CuRiAM.

The decision of this controversy depends on the construction of the will of Zion Reid, and when the whole will is considered it is manifest that in the first part the testator devised the land in fee to his children, subject to the life estate of his wife, and that in the latter part it was not his intention to reduce the estate to the children from a fee simple to a life estate, but to place a restraint on the right of alienation, which he could not do. Trust Co. v. Nicholson, 162 N. C., 263.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.