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172 N.C. 866

Short v. Gurley

Supreme Court of North Carolina

Decided December 22, 1916

Supreme Court of North Carolina · decided 1916-12-22

■ActioN heard by Lyon, J., at May Term, 1916, of WayNE. This is a controversy without action, heard on the following agreed facts: Zion Reid, late of Wayne County, died on the .... day of., 1890, having executed his last will and testament, duly probated and recorded in the office of the clerk of the Superior Court of said Wayne County, in words and figures as follows: Be it remembered that I, Zion Eeid, of Wayne County, in the State of North Carolina, being of sound mind…

Decided 1916-12-22

Pek CuRiAM.

¶1The 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.

¶2Affirmed.

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