SIMMS v. HAWKINS

No. 68SC65.

160 S.E.2d 514 (1968)

1 N.C. App. 168

Annie M. SIMMS and husband, Richard J. Simms v. Elizabeth Reid Jones HAWKINS, James L. Reid, Andrew A. Reid, and Annie M. Simms, as Administratrix of the Estate of Daisy E. Stowe.

Court of Appeals of North Carolina.

April 17, 1968.


Attorney(s) appearing for the Case

Mark B. Edwards, Charlotte, attorney and Guardian ad litem for defendant appellant Andrew A. Reid.

Reginald S. Hamel, Charlotte, for plaintiff appellees.


BRITT, Judge.

Is a remainder interest in devised real estate cut off by the mere execution of a deed of trust by the life tenant who has discretionary power to mortgage, sell, or lease?

We hold that under the facts presented in this case, it is not.

Upon the execution of a mortgage or deed of trust on real estate, legal title to the land vests in the mortgagee or trustee, as the case may be, but only as security for the payment of the debt. Gregg v...

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