Bobbitt v. Pierson

• Court: North Carolina Supreme Court
• Writing for the Court: PER CURIAM.
• Citation: Bobbitt v. Pierson, 193 N.C. 437, 137 S.E. 160 (N.C. 1927)
• Decision Date: 23 March 1927
• Docket Number: 109.
• Parties: BOBBITT v. PIERSON.

137 S.E. 160

193 N.C. 437

BOBBITT v. PIERSON.

No. 109.

Supreme Court of North Carolina

March 23, 1927

Appeal from Superior Court, Halifax County; Calvert, Judge.

Controversy without action between Benjamin W. Bobbitt and S. Pierson. From judgment rendered, both parties appeal. Affirmed.

The court was of opinion, upon the statement of agreed facts submitted by the parties to this controversy without action (C. S. § 626), that Benjamin W. Bobbitt is not seized of an estate in fee simple in and to the lot of land which he has contracted to convey to S. Pierson, but that he is seized only of an estate for his life in and to said lot, with remainder to his children. From judgment in accordance with this opinion, both parties appealed to the Supreme Court.

Devise for devisee's use as long as he lived and at his death to his "issues" held to create life estate only.

Dunn & Johnson, of Enfield, for plaintiff.

PER CURIAM.

Benjamin W. Bobbitt claims title to the lot of land which he has contracted to convey to S. Pierson, under the will of his grandfather, Walter V. Bobbitt. The said lot is therein devised to Benjamin W. Bobbitt, "for his own use and benefit as long as he lives, and at the time of his death, to go to his issues."

We concur in the opinion of the court below that Benjamin W Bobbitt is not seized, by virtue of this devise, of an estate in fee simple in the lot of land which he has contracted to convey to defendant. He has an estate therein only for his life, with remainder to his issue. The word "issues,"...