Hill v. Hill

CAMPBELL, Judge.

A general devise or bequest to a named person with a power of disposition transfers the property in, fee, and a subsequent limitation over of the “remainder” is void as repugnant to the absolute gift. But a devise or bequest of a life estate, with remainder over, including the power to convey a fee by the life tenant creates'only a life estate, not a fee simple. Rudisill v. Hoyle, 254 N.C. 33, 118 S.E. 2d 145 (1961); Darden v. Boyette, 247 N.C. 26, 100 S.E. 2d 359 (1957); Holland v. Smith, 224 N.C. 255, 29 S.E. 2d 888 (1944).

In the instant case Lillie Hill was devised by her…