Langston v. Wooten

The appellants raise the following questions: (1) Is the language of the will under which the plaintiff, J. C. Langston, Jr., claims title, sufficient to devise to said plaintiff the fee simple title to a portion of testator’s land? (2) If so, does the provision that the devisees shall “have no right to sell it, except to each other” constitute a valid limitation upon the right of alienation ?

The first question, when considered in light of the provisions of G.S. 31-38, in our opinion, must be answered in the affirmative. The statute provides: “When real estate shall be devised to any person,…