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TREMBLAY v. AYCOCK

No. 535.

139 S.E.2d 898 (1965)

263 N.C. 626

Christelle Lee TREMBLAY, Nellie Katherine Lee McGill, Louis L. Lee, Dorothy Lee Crigger, Jessie B. Lee and Ila Pearl Lee Joyce, Plaintiffs, v. Charles B. AYCOCK, Jr., and wife, Cleta Bayles Aycock, and Rachel Aycock White and husband, C. Howard White, Defendants.

Supreme Court of North Carolina.

January 29, 1965.

Attorney(s) appearing for the Case

McLeod & McLeod, Dunn, for plaintiffs.

James M. Johnson, Bryan & Bryan and D. K. Stewart, Dunn, for defendants.

MOORE, Justice.

Determination of the ownership of the locus in quo requires interpretation of the provisions of the deed of 5 January 1921 from C. E. Lee to Lemon Lee.

We pass over, for the present, the paragraph immediately following the description. According to the naming, granting and habendum clauses the conveyance was "to Lemon Lee and the heirs of his body." This provision, standing alone, vested in Lemon Lee an estate tail, which was...

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