{
  "id": 8550834,
  "name": "GRIER G. NEWLIN, Administrator of the Estate of WILLIAM HENRY KIMREY, Deceased v. EDWIN GILL, Treasurer of the State of North Carolina, the Estate of THOMAS PRESTON KIMREY, et al.",
  "name_abbreviation": "Newlin v. Gill",
  "decision_date": "1977-02-16",
  "docket_number": "No. 7619SC669",
  "first_page": "392",
  "last_page": "395",
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    "name_abbreviation": "N.C. Ct. App.",
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    "name": "North Carolina Court of Appeals"
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    "name_long": "North Carolina",
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      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "year": 1919,
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      "cite": "178 N.C. 513",
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    {
      "cite": "222 N.C. 6",
      "category": "reporters:state",
      "reporter": "N.C.",
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      "reporter": "S.E.2d",
      "year": 1975,
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    {
      "cite": "287 N.C. 192",
      "category": "reporters:state",
      "reporter": "N.C.",
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      "year": 1975,
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  "last_updated": "2023-07-14T16:52:52.366891+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "Judges Vaughn and Clark concur."
    ],
    "parties": [
      "GRIER G. NEWLIN, Administrator of the Estate of WILLIAM HENRY KIMREY, Deceased v. EDWIN GILL, Treasurer of the State of North Carolina, the Estate of THOMAS PRESTON KIMREY, et al."
    ],
    "opinions": [
      {
        "text": "HEDRICK, Judge.\nThis appeal involves the construction of G.S. 29-12, 29-14, 29-15, and 29-7. G.S. 29-12 provides:\n\u201cIf there is no person entitled to take under G.S. 29-14 or G.S. 29-15 . . . the net estate shall escheat as provided in G.S. 116A-2.\u201d\nThe persons entitled to take under the provisions of G.S. 29-14 and 29-15 are the decedent\u2019s surviving spouse, lineal descendants, parents and their lineal descendants, and grandparents and their descendants. G.S. 29-7 provides:\n\u201cThere shall be no right of succession by collateral kin who are more than five degrees of kinship removed from an intestate; provided that if there is no collateral relative within five degrees of kinship referred to herein, then collateral succession shall be unlimited to prevent any property from escheating.\u201d\nThe State Treasurer contends the trial court erred in concluding that the estate did not escheat pursuant to the provisions of G.S. 29-12. The other defendants, collateral kinsmen of the decedent, contend that G.S. 29-12 and 29-7 are in direct and irreconcilable conflict, and that the trial judge correctly concluded that G.S. 29-7 prevented decedent\u2019s estate from escheat-ing.\nStatutes on the same subject should be construed so as to give effect to the fair and reasonable intendment of each statute. Comr. of Insurance v. Automobile Rate Office, 287 N.C. 192, 214 S.E. 2d 98 (1975); McLean v. Board of Elections, 222 N.C. 6, 21 S.E. 2d 842 (1942); Allen v. Reidsville, 178 N.C. 513, 101 S.E. 267 (1919).\nNo provision is made in G.S. 29-14 or 29-15 for any collateral kinsman to succeed to a decedent\u2019s estate unless the common ancestor of the collateral kinsman and the decedent is a parent or grandparent of the decedent. Since the common ancestor of the decedent and each collateral kinsman, in this case, is a great-grandparent of the decedent, none of the collateral kin are entitled to take under G.S. 29-14 or 29-15. The estate, therefore, escheats pursuant to the provisions of G.S. 29-12.\nIn our opinion G.S. 29-7 has no application unless the common ancestor of the collateral kin and the decedent is a parent or grandparent of the decedent. In such an event the main clause in G.S. 29-7 operates to exclude a collateral kinsman of a sixth or higher degree from succeeding to the estate, even though he is a lineal descendent of the decedent\u2019s parents or grandparents. The 'proviso in G.S. 29-7 in order to prevent the escheat of the decedent\u2019s estate provides for unlimited succession by collateral kinsmen who are descendants of the decedent\u2019s parents or grandparents when there is no such collateral kinsman within the fifth degree.\nWe hold the trial court erred in concluding that the property did not escheat as provided by G.S. 29-12. This decision makes it unnecessary to discuss the assignment of error brought forward and argued by the defendant, the Estate of Thomas Preston Kimrey.\nFor the reasons stated the judgment is reversed, and the cause is remanded to the superior court for the entry of a judgment consistent with this opinion.\nReversed and remanded.\nJudges Vaughn and Clark concur.",
        "type": "majority",
        "author": "HEDRICK, Judge."
      }
    ],
    "attorneys": [
      "Moser and Moser by Thad T. Moser for plaintiff appellee.",
      "Wade C. Eulis for defendant appellee, Nancy Martin Sharpe.",
      "Lacy L. Lucas, Jr., and J. Thomas Keever, Jr., for defendant appellees, Floyd Ray Kirkman, et al.",
      "Morgan, Byerly, Post, Herring & Keziah by J. V. Morgan for defendant appellant, the Estate of Thomas Preston Kimrey.",
      "Attorney General Edmisten by Assistant Attorney Charles J. Murray for defendant appellant, Edwin Gill, Treasurer of the State of North Carolina."
    ],
    "corrections": "",
    "head_matter": "GRIER G. NEWLIN, Administrator of the Estate of WILLIAM HENRY KIMREY, Deceased v. EDWIN GILL, Treasurer of the State of North Carolina, the Estate of THOMAS PRESTON KIMREY, et al.\nNo. 7619SC669\n(Filed 16 February 1977)\n1. Escheats\u2014 collateral kinsman \u2014 great-grandparent as common ancestor\nUnder G.S. 29-14 and G.S. 29-15 a collateral kinsman may not succeed to a decedent\u2019s estate unless the common ancestor of the collateral kinsman and the decedent is a parent or grandparent of the decedent; therefore, an estate escheated pursuant to G.S. 29-12 where decedent was survived only by collateral kinsmen, and the common ancestor of decedent and each collateral kinsman was a great-grandparent of the decedent.\n2. Escheats\u2014 prevention of escheat \u2014 parent or grandparent as common ancestor\nThe proviso of G.S. 29-7 operates to prevent an escheat by providing for unlimited succession by collateral kinsmen when there is no collateral kinsman within the fifth degree only when the common ancestor of the collateral kinsmen and the decedent is a parent or grandparent of the decedent.\nAppeal by defendants, Edwin Gill, Treasurer of the State of North Carolina, and the Estate of Thomas Preston Kimrey, from Lwpton, Judge. Judgment entered 1 June 1976 in Superior Court, Randolph County. Heard in Court of Appeals 19 January 1977.\nPlaintiff, Grier G. Newlin, Administrator of the Estate of William Henry Kimrey, brought this action for a declaratory judgment to determine how the decedent\u2019s estate should be distributed. Defendants are decedent\u2019s surviving collateral kinsmen, including the estate of Thomas Preston Kimrey, and the State Treasurer. The following facts are not in controversy:\nWilliam Henry Kimrey died intestate on 15 March 1975. He was not survived by any living descendants of his parents or grandparents. He was survived by Thomas Preston Kimrey, a collateral kinsman in the fifth degree, and numerous collateral kinsmen in the sixth and higher degrees. All of the surviving kinsmen are related to the decedent through one of his great-grandparents. Thomas Preston Kimrey died on 31 March 1976.\nThe trial court concluded that the estate of William Henry Kimrey did not escheat pursuant to G.S. 29-12 and ordered that the estate \u201cbe distributed to all the collateral kin of the late William Henry Kimrey as by law provided. ...\u201d\nThe State Treasurer and the Estate of Thomas Preston Kimrey appealed.\nMoser and Moser by Thad T. Moser for plaintiff appellee.\nWade C. Eulis for defendant appellee, Nancy Martin Sharpe.\nLacy L. Lucas, Jr., and J. Thomas Keever, Jr., for defendant appellees, Floyd Ray Kirkman, et al.\nMorgan, Byerly, Post, Herring & Keziah by J. V. Morgan for defendant appellant, the Estate of Thomas Preston Kimrey.\nAttorney General Edmisten by Assistant Attorney Charles J. Murray for defendant appellant, Edwin Gill, Treasurer of the State of North Carolina."
  },
  "file_name": "0392-01",
  "first_page_order": 420,
  "last_page_order": 423
}