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HILL v. HILL

No. 7329DC337.

197 S.E.2d 886 (1973)

19 N.C. App. 42

Clarence R. HILL, Administrator of the Estate of Lillie L. Hill, and Individually v. Curtis L. HILL and wife, Mary E. Hill.

Court of Appeals of North Carolina.

July 25, 1973.

Attorney(s) appearing for the Case

Prince, Youngblood & Massagee, Boyd B. Massagee, Jr., Hendersonville, for plaintiff appellant.

Redden, Redden & Redden by Monroe M. Redden, Hendersonville, for defendant appellees.

CAMPBELL, Judge.

A general devise or bequest to a named person with a power of disposition transfers the property in fee, and a subsequent limitation over of the "remainder" is void as repugnant to the absolute gift. But a devise or bequest of a life estate, with remainder over, including the power to convey a fee by the life tenant creates only a life estate, not a fee simple. Rudisill v. Hoyle, 254 N.C. 33, 118 S...

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