Keener v. Korn

HILL, Judge.

Petitioners argue in their first assignment of error that the trial court erred by determining that Wanda Kenner Bost owned a life estate in the locus in quo and by failing to determine correctly the respective interests of the parties in said property. Petitioners contend that the will creates a fee simple estate in the testator’s children with each child’s share defeasible if that child predeceases testator’s widow without having conveyed the real property.

Petitioners rely on G.S. 31-38. The statute provides:

When real estate shall be devised . . . the same shall be held and…