Barco v. . Owens

Stacy, 0. J.

We agree with the trial court that as the property in question was devised to Annie W. Owens “in fee simple forever” in item two of the will, the conditions subsequent, in so far as they are repugnant to the fee originally devised, must be regarded as unwarranted restrictions on the jus disponendi or the jus dividends, and, therefore, void. Williams v. Sealy, 201 N. C., 372, 160 S. E., 452; Schwren v. Falls, 170 N. C., 251, 87 S. E., 49; Hambright v. Carroll, 204 N. C., 496, 168 S. E., 817; Combs v. Paul, 191 N. C., 789, 133 S. E., 93; Barbee v. Thompson, 194 N. C., 411, 139 S.…