PAULINE JARRELL, Administratrix, v. JOHN W. DYER et als.
(Filed 24 November, 1915.)
"Wills — Interpretation—Trusts and Trustees.
Tbe mother of the testatrix having previously devised to her in fee certain lands, and the testatrix, having died seized and possessed of this and other property, left a will which gave to her mother, about eighty years of age, “all the property recently deeded to me by her, also all my other property, that she may administer it to the use of my children.” Held, by this devise the mother toot all of the property, that thereto*178fore conveyed by ber as well as that otherwise owned by tbe testatrix, to be administered for tbe benefit of tbe testatrix’s children, without power of disposition by will or otherwise, except as may be conferred by legal proceedings instituted for that purpose; and evidence as to tbe close relation having existed between tbe testatrix and ber mother has no effect upon tbe express terms of tbe devise and bequest.
Appeal by plaintiff from Justice, J., at September Term, 1915, of Guileokd.
Civil action for tbe construction of tbe last will and testament of Emma J. Simmons, deceased, and for tbe advice of tbe court in regard thereto, tried upon facts agreed. From tbe judgment rendered tbe plaintiff appealed.
Broolcs, Sapp & Williams for the plaintiff.
Thomas G. Hoyle and Morehead & Morehead for the defendants.
BrowN, J.
Emma J. Simmons died in tbe county of Guilford 16 April, 1914, leaving a last will and testament in manner and form as follows :
I, Emma J. Simmons, being of sound mind, do hereby will and bequeath to my mother, Pauline E. Jarrell, all tbe property recently deeded to me by ber, also all my other property, that she may administer it to tbe use of my children.
This 14 April, 1914.
It is unnecessary to consider tbe facts as found by bis Honor as to tbe manner of life of tbe testatrix and ber mother and as to bow they transacted their business. Tbe construction of this will presents no complications. Tbe language is plain and direct. Tbe .testatrix evidently bequeathed to ber mother all of ber property, including that which bad been conveyed to her by ber mother, as well as that which she derived from other sources, in trust that tbe mother may use, control and administer it for tbe benefit of tbe testatrix’s children. This confers upon tbe mother no power of disposition by will or otherwise, except as may be conferred upon ber by legal proceedings instituted for that purpose. Crudup v. Holding, 118 N. C., 230-231; Young v. Young, 68 N. C., 309; Little v. Bennett, 58 N. C., 160.
Affirmed.