Helms v. . Collins
This text of 156 S.E. 152 (Helms v. . Collins) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
J. W. Clontz made a will containing the following item: “I give, devise and bequeath, unto my wife, E. Jane Clontz, all of my real and personal property of every description and wheresoever located so long as she may live, and should she need the proceeds of the same to live on I give her the right to sell a part or all of the same, but that part not sold or used by her during her lifetime I give and devise unto my daughter Louetta Helms for and during her life and at her death to the heirs of her body.”
Jane Clontz did not sell any part of the land devised to her for life. The naked gift of a power of disposition did not convert her life estate into a fee. Carroll v. Herring, 180 N. C., 369; Roane v. Robinson, 189 N. C., 628. The remainder “to my daughter Louetta Helms for and during her life and at her death to the heirs of her body” vests in Louetta Helms an estate in fee under the rule in Shelley’s case. Chamblee v. Broughton, 120 N. C., 171; Bank v. Dortch, 186 N. C., 510.
Judgment affirmed.
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Cite This Page — Counsel Stack
156 S.E. 152, 200 N.C. 89, 1930 N.C. LEXIS 37, Counsel Stack Legal Research, https://law.counselstack.com/opinion/helms-v-collins-nc-1930.