NC General Statutes
N.C. Gen. Stat. § 39-1 (2026)
Fee presumed, though word "heirs" omitted
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When real estate is conveyed to any person, the same shall be held and construed to be a conveyance in fee, whether the word "heir" 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. (1879, c. 148; Code, s. 1280; Rev., s. 946; C.S., s. 991.)
Notes of Decisions
Cited in 17
cases (1 in the last 5 years), 1945–2022 · leading case: Robinson v. King, 314 S.E.2d 768 (N.C. Ct. App. 1984).
Robinson v. King, 314 S.E.2d 768 (N.C. Ct. App. 1984). “The rules of construction applicable here are found in G.S. 39-1 and Triplett v. Williams, 149 N.”
Station Assocs., Inc. v. Dare Cnty., 513 S.E.2d 789 (N.C. 1999). “” N.C.G.S. § 39-1 (1984). Accordingly, we reverse the decision of the Court of Appeals and remand to that court for further remand to the Superior Court, Dare County, for reinstatement of the judgment of the Superior Court.”
Station Assocs., Inc. v. Dare Cnty., 501 S.E.2d 705 (N.C. Ct. App. 1998). “N.C. Gen. Stat. § 39-1 (1984). The courts of this state recognize the rule that deeds are to be construed “most favorably to the grantee, and all doubts and ambiguities are [to be] resolved in favor of the unrestricted use of the property.”
Shingleton v. State, 133 S.E.2d 183 (N.C. 1963). “G.S. 39-1; 28 C. J. S., Easements, s. 4c, p.”
Etheridge v. United States, 218 F. Supp. 809 (E.D.N.C. 1963). “The Court must answer this question: Did the real property conveyed by the March 5, 1912 indenture to the defendant revert to the plaintiffs when said property ceased to be used by the defendant as a Coast Guard Lifesaving Station ? Conclusions of Law The entire issue before the…”
Int'l Paper Co. v. Hufham, 345 S.E.2d 231 (N.C. Ct. App. 1986). “Finally, the court in Mc-Cotter applied to the Barnes deed the presumption contained in G.S. 39-1, that a conveyance shall be construed to be a conveyance in fee unless “such conveyance in plain and express words shows, or it is plainly intended by the conveyance or some part…”
McCotter v. Barnes, 101 S.E.2d 330 (N.C. 1958). “148, Public Laws of 1879, now codified as G.S. 39-1, which provides that a conveyance shall be construed to be a conveyance in fee 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…”
Griffin v. Springer, 92 S.E.2d 682 (N.C. 1956). “This contention is untenable, for the reason that in the granting clause the deed in plain and explicit words shows that the intention of the grantor was to grant them merely a life estate, and the habendum clause creates no estate contradictory or repugnant to that given in the…”
Crawford v. Wilson, 257 S.E.2d 696 (N.C. Ct. App. 1979). “The appellant argues that G.S. 39-1 and McCotter v. Barnes, 247 N.C.”
Lackey v. Hamlet City Bd. of Educ., 128 S.E.2d 806 (N.C. 1963). “” (Emphasis added.) This Court has repeatedly held that when the granting clause, the habendum, and the warranty in a deed are clear and unambiguous, and fully sufficient to pass immediately a fee simple estate to the grantee or grantees, that a paragraph inserted between the…”
Mattox v. State, 186 S.E.2d 378 (N.C. 1972). “G.S. 39-1 provides: “When real estate is conveyed to any person, the same shall be held and construed to be a conveyance in fee, whether the word ‘heir’ is used or not, unless such conveyance in plain and express words shows, or it is plainly intended by the conveyance or some…”
Pilley v. Smith, 51 S.E.2d 923 (N.C. 1949). “” G.S. 39-1; Triplett v. Williams, 149 N.C.”
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