ANDREW v. HUGHES

No. 737.

91 S.E.2d 591 (1956)

243 N.C. 616

J. P. ANDREW, Lucy W. Andrew, Janle E. Hart, W. E. Hart, Bessie Forrester, Oma A. Turner and J. B. Turner, v. Clata A. HUGHES and Roy J. Hughes.

Supreme Court of North Carolina.

February 29, 1956.


Attorney(s) appearing for the Case

Haworth & Haworth, High Point, for plaintiffs, appellants.

Barber & Thompson, Pittsboro, for defendants, appellees.


JOHNSON, Justice.

The single question presented by this appeal is whether the devise to Clatie Andrew is a devise in fee simple, or is a devise in trust for the benefit of the plaintiffs.

The language of the testator indicates a clear intent to create an estate in fee simple in Clatie Andrew (Hughes). His first dispositive statement as to her is: "I will and devise that Clatie Andrew * * shall have all of my real estate, * * * and I do hereby give and devise...

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