North Carolina § 39-1 - Fee presumed, though word "heirs" omitted.

§ 39-1. Fee presumed, though word "heirs" omitted.

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. History (1879, c. 148; Code, s. 1280; Rev., s. 946; C.S., s. 991.) Cross References. - As to presumption of conveyance in fee simple when deed and registry of conveyance destroyed, see G.S. 8-21 . Legal Periodicals. - As to use of fee simple form deed to convey other than a fee, see 39 N.C.L. Rev. 283 (1961). For case law survey as to real property, see 45 N.C.L. Rev. 964 (1967). For article, "Doubt Reduction Through Conveyancing Reform - More Suggestions in the Quest for Clear Land Titles," see 46 N.C.L. Rev. 284 (1968). For article, "The Rule in Wild's Case in North Carolina," see 55 N.C.L. Rev. 751 (1977). For note on the continued use of the Artis-Oxendine rule in the construction of deeds, see 13 Wake Forest L. Rev. 478 (1977). For article, "Class Gifts in North Carolina - When Do We 'Call The Roll'?," see 21 Wake Forest L. Rev. 1 (1985). For article, "Does the Fee Tail Exist in North Carolina?," see 23 Wake Forest L. Rev. 767 (1988).