PEELE v. WILSON COUNTY BD. OF EDUCATION

No. 817SC680.

289 S.E.2d 890 (1982)

Carlie PEELE and wife, Lessie Pace Peele, Berta Peele Flowers, Widow, John Vernon Peele, Jr. and wife, Frances Bryant Peele, Ruby Peele Williams and husband, Hulon Williams, William Roger Peele and wife, Nellie Smith Peele, Mildred Peele Morris and husband, Walter C. Morris, and Gretchen Peele Whitaker and husband, Merle Whitaker v. WILSON COUNTY BOARD OF EDUCATION and W. E. Edwards.

Court of Appeals of North Carolina.

April 6, 1982.


Attorney(s) appearing for the Case

Kirby & Clark by J. Russell Kirby, Wilson, and Kirby, Wallace, Creech, Sarda & Zaytoun by David F. Kirby and Peter J. Sarda, Raleigh, for plaintiffs-appellants.

Rose, Jones, Rand & Orcutt by Z. Hardy Rose, Wilson, for defendant-appellee Wilson County Bd. of Ed.


HARRY C. MARTIN, Judge.

Plaintiffs contend that the manifest intention of the grantors in the deed to the school board limited the conveyance to a grant of less than fee simple and that "the trial judge erred by failing to consider all parts of the deed in determining the estate conveyed." Plaintiffs argue that the plain and express words indicate that the Peeles intended to grant a fee on condition subsequent.

Assuming, arguendo, that we adopt plaintiffs...

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