Worsley v. Worsley

The sole question for determination on this appeal is whether Pearl S. Worsley became the absolute owner of the personal estate of the testator, or did she take a life estate only, with the power of disposition under the provisions contained in Item 3 of said will.

It is provided in G.S. 31-38 as follows: “When real estate shall foe devised to any person, the same shall be held and construed to be a devise in fee simple, unless such devise shall, in plain and express words, show, or it shall be plainly intended by the will, or some part thereof, that the testator intended to •convey an estate…