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BASNIGHT v. DILL

No. 98.

124 S.E.2d 159 (1962)

256 N.C. 474

Oscoe BASNIGHT, Melvin Basnight, St. Claire Basnight, Milroe Etheridge, Myrtle B. Peck, and Enid B. Ford v. G. R. DILL, Harriet G. Dill, Sarah Dill, A. T. Dill, Jr., Thomas G. Dill, John B. Green, Grace G. Burnette, Mattie G. Turnbull, Benjamin B. Hurst, Mary Emma Hirshfield, Martha H. Gibbs, and Lena W. Green.

Supreme Court of North Carolina.

February 28, 1962.

Attorney(s) appearing for the Case

Barden, Stith & McCotter, New Bern, for plaintiff appellees.

Raymond E. Sumrell, New Bern, Dill & Fountain, Rocky Mount, for defendant appellants.

DENNY, Justice.

The sole question for determination on this appeal is simply this: Did the last will and testament of Kate Churchill McGehee vest in A. M. Bell and wife, Della Bell, an estate in fee simple in and to the property described in the second item of said will?

G.S. § 31-38 reads as follows: "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...

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