GAMBLE v. WILLIAMS

No. 784SC258.

251 S.E.2d 625 (1979)

39 N.C. App. 630

Jo Ann Giles GAMBLE, Margaret G. Aman, Attie E. Giles and James E. Giles v. J. P. WILLIAMS, Sr. and Inez Carroll.

Court of Appeals of North Carolina.

February 6, 1979.


Attorney(s) appearing for the Case

Morgan, Bryan, Jones, Johnson, Hunter & Greene by K. Edward Greene, Dunn, for plaintiffs-appellants.

Doffermyre & Rizzo by Daniel Rizzo, Dunn, and Warren & Fowler by Stewart B. Warren, Clinton, for defendants-appellees.


CARLTON, Judge.

The sole question for decision is whether the clause in the 1933 deed attempting to restrict the title of Maggie Giles to a term of her natural life with remainder to the heirs of J. D. Giles is valid and effective when it appears only in the introductory recital to the deed and is not referred to elsewhere. The trial judge concluded that the language was ineffectual. We agree.

Other sections of the deed must be examined to understand the question...

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