QUICKEL v. QUICKEL

No. 177.

136 S.E.2d 52 (1964)

261 N.C. 696

Alyce McDermott QUICKEL and Citizens National Bank in Gastonia, North Carolina, Administrator c. t. a. and Trustee of the Estate of John C. Quickel, v. John C. QUICKEL, Jr. and Tom C. Quickel.

Supreme Court of North Carolina.

April 29, 1964.


Attorney(s) appearing for the Case

Garland & Alala, by Robert L. Bradley, Gastonia, for Alyce McDermott Quickel, plaintiff.

J. Samuel Groves, Gastonia, for John D. Quickel, Jr., defendant.


SHARP, Justice.

Testator devised his realty to his wife "to have and to hold or dispose of as she desires." Thereafter he appended the provision that if any heir survive "it shall be his"; if no heir survive, he desired that his brother Tom have the property.

The ruling of the Superior Court that the wife acquired a fee simple estate in the testator's land is in accord with the decisions of this Court. This devise comes within the oft-stated general rule of...

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