Lineberger v. . Phillips

The case turns on the question as to whether Laban Lineberger acquired an undivided one-half interest in fee, or is able to convey such an interest, in the lands devised to him in items three and four of his father’s will.

His Honor correctly held for the plaintiffs. Roane v. Robinson, 189 N. C., 628, 127 S. E., 626. It is provided by C. S., 4162, that when real estate is 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…