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BARNACASCEL v. SPIVEY

No. 716SC193.

181 S.E.2d 151 (1971)

11 N.C. App. 269

G. R. BARNACASCEL and Edna B. Barnacascel, his wife, et al., Petitioners, v. R. B. SPIVEY, Administrator of the Estate of Anna W. Phelps, et al., Respondents.

Court of Appeals of North Carolina.

May 26, 1971.

Attorney(s) appearing for the Case

Gillam & Gillam, by M. B. Gillam, Jr., Windsor, for petitioner-appellees.

Pritchett, Cooke & Burch, by W. B. Cooke, Windsor, for respondent-appellants.

PARKER, Judge.

We agree with the parties and with the trial judge that by Item Sixth of the will of Asa Phelps his son, James, received only a life estate and that the devise of the remainder after his death "to his children in fee simple" did not invoke the Rule in Shelley's case. Wright v. Vaden, 266 N.C. 299, 146 S.E.2d 31; Griffin v. Springer, 244 N.C. 95

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