Ray v. Ray

Whenever applicable, the rule in Shelley’s case applies to both real and personal property in this jurisdiction. Riegel v. Lyerly, 265 N.C. 204, 143 S.E. 2d 65; Chappell v. Chappell, 260 N.C. 737, 133 S.E. 2d 666; Martin v. Knowles, 195 N.C. 427, 142 S.E. 313; Welch v. Gibson, 193 N.C. 684, 138 S.E. 25; Hampton v. Griggs, 184 N.C. 13, 113 S.E. 501; Starnes v. Hill, 112 N.C. 1, 16 S.E. 1011. There are many statements of the rule. One, approved by the Court in Martin v. Knowles, supra at 429, 142 S.E. at 313, is:

“The rule in Shelley’s case says, in substance, that if an estate of freehold be…