Morehead v. . Montague

Our disposition of the present appeal is dependent upon the interpretation of the deed executed by J. K. Todd on 17 December, 1897. If his deed conveyed to Della Todd, his wife, a title in fee, the deed which he and his wife executed and delivered to E. R. Gulley on 25 November, 1903, likewise conveyed the fee,, and not merely an estate for her life.

A conveyance of land “to Della Todd during her lifetime and at her death to the heirs of her body,” without additional words, would transfer the fee. Foley v. Ivey, 193 N. C., 453; Tyson v. Sinclair, 138 N. C., 23; Leathers v. Gray, 101 N. C.,…