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200 N.C. 89

156 S.E 152

Helms v. . Collins

Supreme Court of North Carolina

Decided December 19, 1930

Supreme Court of North Carolina · decided 1930-12-19

Good law ✅— No negative treatment on recordhow we know

Decided 1930-12-19

How this case has been cited

Cited by 5 later decisions — most recently June 1967

5 state decisions

201930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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*90 Per Curiam.

¶1 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.”

¶2 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.

¶3 Judgment affirmed.

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