Buckner v. Hawkins

The judgment below is accordant with well settled principles of law in this State.

The clause “I give, devise and bequeath to Claud L. Buckner . . . my house and lot at 121 Pearson Avenue . . .” standing alone, constitutes a devise in fee simple. Gr.S. 31-38, formerly C.S. 4162. See also Elder v. Johnston, 227 N.C. 592, 42 S.E. 2d 904; Early v. Tayloe, 219 N.C. 363, 13 S.E. 2d 609; Heefner v. Thornton, 216 N.C. 702, 6 S.E. 2d 506; Williams v. McPherson, 216 N.C. 565, 5 S.E. 2d 830, and cases cited.

Moreover, the clauses, “This property not to be mortgaged, sold or disposed of during the life of…