EDWARDS v. BUTLER

No. 594.

92 S.E.2d 922 (1956)

244 N.C. 205

Eugene EDWARDS; Lois E. Shaw and her husband, Ralph Shaw; Joseph E. Edwards and wife, Dorothy Edwards; Virginia E. Townsend and husband, Grover C. Townsend; Annie E. Rich and husband, Ed Rich, v. Clifton Lee BUTLER, infant; Kirby Lee Butler, infant; Betty Edwards, infant; Dewey Edwards, infant; Vinton C. Edwards and wife, Gladys Edwards; Jettie Mae Ward and husband, Barney O. Ward; Beachie Hill and husband, Robert Hill; James L. Edwards and wife, Thelma Edwards.

Supreme Court of North Carolina.

May 23, 1956.


Attorney(s) appearing for the Case

H. H. Clark, Edward B. Clark, Elizabethtown, for petitioners.

Frank T. Grady, Elizabethtown, for infant respondents.

Leon D. Smith, Elizabethtown, for adult respondents.


DENNY, Justice.

The first question to be determined is whether or not the attempted reservation of a life estate in the grantor in the deed from Joseph G. Edwards to Lilly Mae Edwards, his wife, was valid.

We have repeatedly held that when the granting clause, the habendum, and the warranty in a deed are clear and unambiguous and fully sufficient to pass immediately a fee simple estate to the grantee or grantees, that a paragraph inserted between the description...

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