Sutton v. Sutton

The words “without lawful heirs” as used by Julius E. Sutton in Item 5 in his last will and testament will be construed to mean “without lawful issue.” Massengill v. Abell, 192 N.C. 240, 134 S.E. 641; Hudson v. Hudson, 208 N.C. 338, 180 S.E. 597; Williamson v. Cox, 218 N.C. 177, 10 S.E. 2d 662.

The determinative question on this appeal is whether the deeds executed by the devisees named in the last will and testament of Julius E. Sutton constituted a mere partition of the devised land, or were they sufficient to convey the contingent as well as the vested interest therein of the several…