139 N.C. 40 | N.C. | 1905
after stating the case: We concur with His Honor. The entire estate, in unmistakable terms, is given the grantee both in the premises and the habendum. The warranty is in harmony with the preceding parts of the deed; following the warranty there is introduced two entirely new clauses, both repugnant to the estate and interest conveyed. It is sought to make the wife of the grantee a tenant in common and limit the estate to the life of the grantee and his said wife and the survivor, giving, by way of remainder,, the fee which had already been conveyed to the grantee, to the plaintiffs. The principle upon which such repugnant clauses in deeds has been disposed of by this court, following the most approved text writers, is thus stated by Daniel, J., in Hafner v. Irwin, 20 N. C., 570: “In the case before us the whole interest in the properly is granted and conveyed to the plaintiff in the premises of the deed. The same interest being afterwards limited in the habendum to Curry makes that part of the deed repugnant to the premises and therefore void.”
That case was cited with approval by Faircloth, C. J., in Blackwell v. Blackwell, 124 N. C., 269, saying: “In the premises, the fee is conveyed to the plaintiff, and afterwards a life estate to the defendant in the same lands. If the first
The judgment must be affirmed.
Affirmed.