Bagwell v. . Hines

It was formerly held in this jurisdiction, and with some strictness, that the habendum of a deed was not allowed to destroy an estate or interest definitely conveyed in the premises or to create an estate that was necessarily repugnant to it. Wilkins v. Norman, 139 N. C., 39; Blackwell v. Blackwell, 124 N. C., 269; Rowland v. Rowland, 93 N. C., 214; Hafner v. Irwin, 20 N. C., 570. The position was somewhat modified in the well-considered case of Triplett v. Williams, 149 N. C., 394, opinion by Associate Justice Brown, wherein it was held that except when otherwise controlled by an arbitrary…