Paul v. . Paul

The judge presiding at the trial was of opinion that John F. Paul’s deed conveyed the land in controversy to Mattie Paul and the children living and in esse as tenants in common. This would have been correct if the deed had been made to Mattie Paul and her children. Tate v. Amos, 197 N. C., 161. But it was executed “to Mattie Paul and the heirs of her body by Smith Paul begotten.” The estate thus created was under the old law a fee tail special (2 Bl., 113), which our statute enlarges into a fee simple. C. S., 1734. The law is 'clearly stated in Revis v. Murphy, 172 N. C., 579, and Jones v.…