NC General Statutes
N.C. Gen. Stat. § 31-38 (2026)
Devise presumed to be in fee
✓ current as of July 2026
Find cases:
SyfertCases citing this section
NCLEGncleg.gov (official)
JustiaChapter 31
CornellLII Search
CasesGoogle Scholar
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.)
Notes of Decisions
Cited in 38
cases, 1947–1994 · leading case: Adcock v. Perry, 290 S.E.2d 608 (N.C. 1982).
Adcock v. Perry, 290 S.E.2d 608 (N.C. 1982). “G.S. 31-38. [1] The presumption created by G.”
Morris v. Morris, 98 S.E.2d 298 (N.C. 1957). “She called to her aid G.S. 31-38: “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…”
Olive v. Biggs, 173 S.E.2d 301 (N.C. 1970). “§ 31-38 provides: "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…”
In Re Wilson's Will, 133 S.E.2d 189 (N.C. 1963). “G.S. § 31-38; Morris v. Morris, 246 N.C. 314 , 98 S.”
Clark v. Connor, 117 S.E.2d 465 (N.C. 1960). “And in this connection G.S. 31-38 pertinently provides that “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,…”
Young Women's Christian Ass'n of Asheville v. Morgan, 189 S.E.2d 169 (N.C. 1972). “G.S. 31-38 provides: “Sec. 31-38. Devise presumed to be in fee.”
Elmore v. Austin, 59 S.E.2d 205 (N.C. 1950). “These are as follows: 1. “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…”
Poindexter v. Wachovia Bank & Trust Co., 128 S.E.2d 867 (N.C. 1963). “It must be understood that we do not undertake in this opinion to anticipate and provide for contingencies which might or might not arise, nor do we deal with legal questions not presented on this appeal.”
Brinkley v. Day, 362 S.E.2d 587 (N.C. Ct. App. 1987). “2d 10 (1983); G.S. 31-38. Here, however, the two sentences following the devise clearly disclose an intent to give plaintiff less than a fee in the apartment.”
Taylor v. . Taylor, 45 S.E.2d 368 (N.C. 1947). “It is provided by G. S., 31-38, that when real estate is devised to any person, the same shall be held and construed a devise in fee simple, unless such devise shall, in plain and express language show, or it shall be plainly intended by the will, or some part thereof, that the…”
Humphrey v. Faison, 100 S.E.2d 524 (N.C. 1957). “In the first place, the last will and testament of Hugh Miller Humphrey, including the codicil thereto, never vested any interest in these plaintiffs.”
Rudisill v. Hoyle, 118 S.E.2d 145 (N.C. 1961). “” The Court said: “It is provided by G.S., 31-38, that when real estate is devised to any person, the same shall be held and construed a devise in fee simple, unless such devise shall, in plain and express language show, or it shall be plainly intended by the will, or some part…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.