Pittman v. Stanley

The determination of the question here presented depends upon the interpretation to be put upon the language in the deed “to Agnes L. Pittman and to her heirs by A. B. Pittman.” At common law the estate thus conveyed was denominated a fee tail special (2 Blk. 113), but by our statute, G.S. 41-1, it is prescribed that “every person seized of an estate in tail shall be deemed to be seized of the same in fee simple,” thus enlarging the fee tail estate into a fee simple absolute. Whitley v. Arenson, 219 N.C. 121, 12 S.E. 2d 906. We think the language of the deed of A. B. Pittman, under the…