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ROBINSON v. KING

No. 8320SC423.

314 S.E.2d 768 (1984)

Thomas Houston ROBINSON; James H. Robinson and wife, Sarah M. Robinson; Henry Houston Robinson and wife, Carolyn M. Robinson; Nell Robinson Summers and husband Foster Summers; Ethel Robinson Butler and husband, Joseph H. Butler; Jessie B. Snyder and husband, Robert L. Snyder; Lynn Robinson Hallman and husband, Ney M. Hallman; Margaret Robinson Sistare and Hazel Robinson v. John Edwin KING and wife, Sarah E. King; Annie Louise King; Margaret Evelyn King; Melvin T. Graham and wife, Peggy T. Graham; John H. Robinson and wife, Lena S. Robinson; Sam Robinson and wife, Kathleen W. Robinson; Robert Franklin Robinson and wife, Joyce Robinson; and William M. Robinson and Mary Robinson Farless and Ossie McManus and Laura King Robinson.

Court of Appeals of North Carolina.

May 1, 1984.

Attorney(s) appearing for the Case

Dawkins, Glass & Lee, by W. David Lee, Monroe, for plaintiffs-appellees.

Clark & Griffin, by Bobby H. Griffin and Richard S. Clark, Monroe, for defendants appellants.

WHICHARD, Judge.

I. Applicable Law

The rights of the parties depend upon whether the quitclaim deed to Maggie Robinson conveyed a life estate or a fee simple. The deed is ambiguous. The granting clause gives all right, title, and interest to Maggie Robinson, while the habendum clause gives her the land "for and during the term of her natural life."

Ambiguous deeds traditionally have been construed by the...

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