Whitley v. Arenson

The case turns on the proper construction of the Efird deed of 1 March, 1920. This deed conveys an estate to “M. E. J. Kelly and her heirs by T. D. Kelly.” At common law such an estate was a fee tail special, which is converted by C. S., 1134, into a fee simple absolute. Revis v. Murphy, 172 N. C., 579, 90 S. E., 573.

According to our previous decisions, C. S., 1739, providing that “a limitation by deed, will or other writing, to the heirs of a living person shall be construed to be the children of such person,” applies only when there is “no precedent estate conveyed to said living person.”…