Owen v. Gates

3 Citing cases

  1. Carver v. Chambers

    262 N.C. 744 (N.C. 1964)   Cited 1 times

    If John D. Clayton devised to his daughter, Ella Clayton Owen, only a life estate in his last will and testament, there is no contention that the judgment entered below does not set out the respective interests of the parties correctly. Moreover, in the case of Owen v. Gates, 241 N.C. 407, 85 S.E.2d 340, this Court held that Ella Owen took only a life estate in the lands devised to her under her father's will. Therefore, the judgment of the court below is

  2. Hollowell v. Hollowell

    107 N.C. App. 166 (N.C. Ct. App. 1992)   Cited 5 times
    Concluding that these provisions make it apparent "an intent to have these interests pass independently of each other upon the death [of either nephew] . . . ."

    This Court stated in Brinkley v. Day, 88 N.C. App. 101, 362 S.E.2d 587 (1987) that the phrase "to have a home as long as he lives" created a life estate. (See) (also) Owen v. Gates, 241 N.C. 407, 85 S.E.2d 340 (1955) (phrase "to hold and have in her lifetime" created life estate). It is clear that the language found in these provisions of the Langston Will manifests an intent to create a tenancy in common between Milford and Clarence Hollowell, and that Milford and Clarence Hollowell were to be life tenants with each having a right to an undivided one-half interest in the land in question for their lifetime.

  3. Brinkley v. Day

    88 N.C. App. 101 (N.C. Ct. App. 1987)   Cited 9 times
    In Brinkley v. Day, 88 N.C. App. 101, 362 S.E.2d 587 (1987), the North Carolina court interpreted a will which purported to grant the testator's residence to his son in fee simple and then provided that his wife had the right to occupy the apartment rent free.

    Technical words of conveyance are not necessary. Keener v. Korn, 46 N.C. App. 214, 264 S.E.2d 829, disc. rev. denied, 301 N.C. 92 (1980). Consequently, language devising property, "to hold and have in her lifetime," Owen v. Gates, 241 N.C. 407, 85 S.E.2d 340 (1955), to "the girls so long as they (or any one of them) desire (or desires) to live in it," In re Estate of Heffner, 61 N.C. App. 646, 301 S.E.2d 720, disc. rev. denied, 308 N.C. 677, 304 S.E.2d 755 (1983), and "to have a home as long as he lives," Trimble v. Holley, 49 Tenn. App. 638, 358 S.W.2d 343 (1962), are sufficient to show an intent to devise a life estate. Similarly here, the testator's language stating that defendant "is to live in the apartment presently occupied by her now for her lifetime" creates a life estate in the apartment.