BLACKWOOD v. BLACKWOOD

No. 671.

76 S.E.2d 122 (1953)

237 N.C. 726

BLACKWOOD et al. v. BLACKWOOD et al.

Supreme Court of North Carolina.

May 20, 1953.


Attorney(s) appearing for the Case

James B. Wolfe, Jr., Greensboro, guardian ad litem, for defendant appellants.

Roy M. Booth, Greensboro, for plaintiff appellees.


DENNY, Justice.

The determinative question on this appeal is whether Clara J. Blackwood, the widow of the testator, took a defeasible fee-simple estate under the testator's will or a life estate.

It is well settled that if she took a fee-simple estate, defeasible only upon her remarriage, the limitation over would be an executory devise. In such case her renunciation would not accelerate the limitation over, but the will would be construed in the same way...

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