Perry v. Bassenger

Stagy, O. J.

The impression is gained from a careful perusal of the record that the judgment below should be affirmed.

In the first place, there is much in the suggestion that the devise to the children of Annie L. Owens was intended to be in fee simple, determinable upon their dying without heirs. O. S., 1137; Willis v. Trust Co., 183 N. C., 267, 111 S. E., 166. It is provided by C. S., 4162, that when real estate is devised to any person, the same shall be held in fee *846simple, unless such devise shall, in plain and express words show, or it shall be plainly intended by the will, or some part…