Fleming v. . Motz

The defendant requests our consideration of only two exceptions. The first involves a determination of the question whether by the ninth item of the will the testatrix intended to preserve the devised property as a home for her three sons so long as any one of them lived; and if this question be resolved against the defendant, it seems to be conceded that the devisees acquired the fee as tenants in common, subject to the contingency of a reversion to the “living ones if either son died.” Southerland v. Cox, 14 N. C., 394; Rowland v. Rowland, 93 N. C., 214, 221.

The devise was not intended as…