Helms v. . Collins
Cases that cite this one
8 later published cases cite this decision.
- Ray v. Ray (N.C. 1967)
- Rudisill v. Hoyle (N.C. 1961)
- Darden v. Boyette (N.C. 1957)
- Voncannon v. Hudson Belk Co. of Asheboro, N. C., Inc. (N.C. 1953)
- Lide v. Mears (N.C. 1949)
- Hardee v. . Rivers (N.C. 1947)
- Smith Ex Rel. Smith v. Mears (N.C. 1940)
- Fletcher v. . Bray (N.C. 1931)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
J. W. Clontz made a will containing the following item: “I give, devise and bequeath, unto my wife, E. Jane Clontz, all of my real and personal property of every description and wheresoever located so long as she may live, and should she need the proceeds of the same to live on I give her the right to sell a part or all of the same, but that part not sold or used by her during her lifetime I give and devise unto my daughter Louetta Helms for and during her life and at her death to the heirs of her body.”
Jane Clontz did not sell any part of the land devised to her for life. The naked gift of a power of disposition did not convert her life estate into a fee. Carroll v. Herring, 180 N. C., 369; Roane v. Robinson, 189 N. C., 628. The remainder “to my daughter Louetta Helms for and during her life and at her death to the heirs of her body” vests in Louetta Helms an estate in fee under the rule in Shelley’s case. Chamblee v. Broughton, 120 N. C., 171; Bank v. Dortch, 186 N. C., 510.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.