North Carolina Statutes
§ 31-38 — Devise presumed to be in fee
North Carolina § 31-38
This text of North Carolina § 31-38 (Devise presumed to be in fee) is published on Counsel Stack Legal Research, covering North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
N.C. Gen. Stat. § 31-38 (2026).
Text
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. (1784, c. 204, s. 12; R.C., c. 119, s. 26; Code, s. 2180; Rev., s. 3138; C.S., s. 4162.)
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Nearby Sections
15
§ 31-1
Who may make will§ 31-3.2
Kinds of wills§ 31-3.3
Attested written will§ 31-3.4
Holographic will§ 31-3.5
Nuncupative will§ 31-3.6
Seal not required§ 31-32
Filing of caveatCite This Page — Counsel Stack
Bluebook (online)
North Carolina § 31-38, Counsel Stack Legal Research, https://law.counselstack.com/statute/nc/31/31-38.