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WHITE v. LACKEY

No. 786SC267.

253 S.E.2d 13 (1979)

40 N.C. App. 353

John Junior WHITE, James Donald White, Virginia Green, Lillie W. Pate, Petitioners, v. Mildred Futrell LACKEY, and Margaret Futrell DeLoatche, Respondents.

Court of Appeals of North Carolina.

March 20, 1979.

Attorney(s) appearing for the Case

Duke & Brown by J. Thomas Brown, Jr., and Donald M. Wright, Goldsboro, for petitioners.

Revelle, Burleson & Lee by L. Frank Burleson, Jr., Murfreesboro, Gillam, Gillam & Smith by M. B. Gillam, Jr., Sarah Harr Gillam and Lloyd C. Smith, Jr., Windsor, for respondents.

VAUGHN, Judge.

If the rule in Shelley's Case applies to the devise, Jesse Naomi Warren was vested with a fee tail estate converted to a fee simple estate by operation of G.S. 41-1, and the judgment should be affirmed. The rule in Shelley's Case is as follows:

"`When a person takes an estate of freehold, legally or equitably, under a deed, will, or other writing, and in the same instrument there is a limitation by way of remainder, either with...

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