Henderson v. Western Carolina Power Co.

By the earlier common law a general devise ■ of lands without words of perpetuity or limitation conveyed a life estate only, unless there was a manifest intention to give the fee; but in 1784 this rule was abolished by the enactment of a statute which provides that a devise of real estate shall be construed as a devise in fee simple unless by plain and express words it indicates an intent to convey an estate of less dignity. C. S., 4162. Standing alone, the seventh item of Mrs. Henderson’s will therefore vested in her children a title in fee as tenants in common. In what respect is this…