WORSLEY v. WORSLEY

No. 183.

132 S.E.2d 579 (1963)

260 N.C. 259

W. C. WORSLEY, Jr., Executor under the Will of Walter Cecil Worsley, Sr. v. Pearl S. WORSLEY, W. C. Worsley, Jr., David R. Worsley, George K. Worsley, Donald A. Worsley, and Eris Worsley Burks.

Supreme Court of North Carolina.

October 9, 1963.


Attorney(s) appearing for the Case

Robert L. Farmer, Raleigh, for defendants-appellants.

Smith, Leach, Anderson & Dorsett, Raleigh, for plaintiff-appellee.


DENNY, Chief Justice.

The sole question for determination on this appeal is whether Pearl S. Worsley became the absolute owner of the personal estate of the testator, or did she take a life estate only, with the power of disposition under the provisions contained in Item 3 of said will.

It is provided in G.S. § 31-38 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...

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