North Carolina General Statutes
Article 7 - Construction of Will.
§ 31-38 - Devise presumed to be in fee.

31-38. Devise presumed to be in fee.
When real estate shall be devised to any person, the same shall be held and construed to be a devise in fee simple, unless such devise shall, in plain and express words, show, or it shall be plainly intended by the will, or some part thereof, that the testator intended to convey an estate of less dignity. (1784, c. 204, s. 12; R.C., c. 119, s. 26; Code, s. 2180; Rev., s. 3138; C.S., s. 4162.)

Next >>

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 31 - Wills

Article 7 - Construction of Will.

§ 31-38 - Devise presumed to be in fee.

§ 31-39 - Probate necessary to pass title; rights of lien creditors and purchasers; recordation in county where real property lies.

§ 31-40 - What property passes by will.

§ 31-41 - Will relates to death of testator.

§ 31-42 - Failure of devises by lapse or otherwise; renunciation; 120-hour survivorship requirement, revised simultaneous death act, Article 24, Chapter 28A.

§ 31-45 - Rewritten and renumbered as G.S31-5.5 by Session Laws 1953, c1098, s7.

§ 31-46 - Validity of will; which laws govern.

§ 31-46.1 - Construction of certain formula clauses applicable to estates of decedents dying in calendar year 2010.