Boomer v. . Grantham

Stacy, C. J. It is provided by O. S., 991, that when real estate is conveyed to any person, the same shall be held and construed to be a conveyance in fee, whether the word “heirs” is used or not, unless such conveyance, in plain and express words, shows, or it is plainly intended by the conveyance or some part thereof, that the grantor meant to convey an estate of less dignity. Triplett v. Williams, 149 N. C., 394, 63 S. E., *231 79. This statute has the same effect upon conveyances as C. S., 4162 has upon devises. Holt v. Holt, 114 N. C., 241, 18 S. E., 967. That the grantor in the deed under' which the plaintiff claims intended to convey only a life estate is manifest from the many restraining expressions contained therein. Lee v. Barefoot, 196 N. C., 107, 144 S. E., 547. His Honor so beld, and tbe correct result bas been reached. Plaintiff’s deed was drawn upon a printed form prepared for fee-simple conveyances with usual covenants and warranty. In the blank spaces, appearing in the printed form before the word “heirs,” usually filled in with the word “bis” or “her,” the draftsman inserted the word “no,” making the context read “no heirs.” And to make “assurance doubly sure,” be added after the description the words: “sold onley to Sadie Eoomer without aney Heirs connection with it.” It is clear that this deed was intended to convey only a life estate. We have not considered the alleged defects in the record, or case on appeal, arising upon the defendant’s motion to affirm, as tbe same result must follow in either case. No error.