Taylor v. . Taylor

"What estate is devised in Item 3 of the Will of Lillie Taylor Jordan? The Superior Court adjudged a fee, and we approve.

It is provided by G. S., 31-38, that when real estate is devised to any person, the same shall be held and construed a devise in fee simple, unless such devise shall, in plain and express language show, or it shall be plainly intended by the will, or some part thereof, that the testator intended to convey an estate of less dignity. Elder v. Johnston, 227 N. C., 592; Early v. Tayloe, 219 N. C., 363, 13 S. E. (2d), 609. Consequently, an unrestricted or indefinite devise of…