Basnight v. Dill

The sole question for determination on this appeal is simply this: Did the last will and testament of Kate Churchill Mc-Gehee vest in A. M. Bell and wife, Della Bell, an estate in fee simple in and to the property described in the second item of said will?

G.S. 31-38 reads as follows: “When real estate shall be 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 of less dignity.”

Therefo…