Barnacascel v. Spivey

PARKER, Judge.

We agree with the parties and with the trial judge that by Item Sixth of the will of Asa Phelps his son, James, received only a life estate and that the devise of the remainder after his death “to his children in fee simple” did not invoke the Rule in Shelley’s case. Wright v. Vaden, 266 N.C. 299, 146 S.E. 2d 31; Griffin v. Springer, 244 N.C. 95, 92 S.E. 2d 682; Moore v. Baker, 224 N.C. 133, 29 S.E. 2d 452. Therefore, upon the death of James without having had a child or children, the devise of the remainder lapsed. By virtue of the statute in effect at the date of the…