(DOWNLOAD) "Spencer v. Mcdowell Motor Co." by Supreme Court of North Carolina ~ eBook PDF Kindle ePub Free
eBook details
- Title: Spencer v. Mcdowell Motor Co.
- Author : Supreme Court of North Carolina
- Release Date : January 08, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
It is evident that at the time Walter L. Walston and his wife, Martha C. Walston, executed a joint will, both of them were under the impression that they owned the real property involved as tenants in common. It is further evident that the plaintiff was under that impression when the inheritance tax return was filed by the coexecutors of Walter L. Walstons estate. Even so, this misconception with respect to the manner in which the plaintiff and her husband held title to the real property involved at the time the joint will was executed did not change in any respect the manner in which title was actually held by them. The deed from Walston and wife to Lucas, Trustee, not having been executed pursuant to the requirements of G.S. 52-12, was a nullity. It follows, therefore, that the deed from Lucas, Trustee, purporting to reconvey the property to Walston and wife as tenants in common was ineffective to convey title. Honeycutt v. Bank, 242 N.C. 734, 89 S.E.2d 598.