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CLAPP v. CLAPP

No. 680.

85 S.E.2d 153 (1954)

241 N.C. 281

Floyd E. CLAPP and wife, Myrtle Clapp, Grady W. Clapp and wife, Annie Clapp and Grady W. Clapp, Administrator of the Estate of D. D. A. Clapp, Deceased, v. Ernest E. CLAPP and wife, Carrie Clapp, Vick Clapp (single), Hattie Clapp Friddle and husband, Clyde Friddle, Harvey Clapp and wife, Bessie Clapp, Verda Clapp (single), Lucille Clapp Shanklin and husband, Claude Shanklin, and Nancy M. Clapp (widow).

Supreme Court of North Carolina.

December 15, 1954.

Attorney(s) appearing for the Case

Henderson & Henderson and Robert S. Cahoon, Greensboro, for defendants-appellants.

Frazier & Frazier and Chas. M. Ivey, Jr., Greensboro, for petitioners-appellees.

JOHNSON, Justice.

An oral contract to give or devise real estate is void by reason of the statute of frauds, G.S. § 22-2, which provides that "all contracts to sell or convey any lands * * * shall be void unless said contract, or some memorandum or note thereof, be put in writing * * *." Grantham v. Grantham, 205 N.C. 363, 171 S.E. 331; Daughtry v. Daughtry, 223 N.C. 528, 27 S.E.2d 446; Coley v. Dalrymple, 225 N.C. 67, 33 S.E.2d 477. Cf. Clark v. Butts,

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