JERNIGAN v. LEE

No. 7011SC505.

176 S.E.2d 899 (1970)

Sueanne M. JERNIGAN (unmarried) v. Maxine Core LEE and husband Leon Lee, William Core (unmarried), Laura P. Elmore and husband, P. W. Elmore, et al.

Court of Appeals of North Carolina.

Certiorari Allowed December 16, 1970.


Attorney(s) appearing for the Case

Britt & Ashley, by Wallace Ashley, Jr., Smithfield, for plaintiff appellant.

Joseph H. Levinson, Benson, for defendants appellees.


BRITT, Judge.

We hold that the court erred in granting defendants' motion for summary judgment.

It is conceded by defendants that Item 2 and Item 4 of Leacy's Will must be read together contextually. Considering the two items together, the effect is to give O. D. a determinable fee rather than a fee simple. Perrett v. Bird, 152 N.C. 220, 67 S.E. 507 (1910). The event which would cause, and in fact did cause, O. D.'s estate to determine was his death without...

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