{ "id": 8547622, "name": "R. D. HOUSE, JR. and EUGENE M. HOUSE Petitioners v. SIDNEY R. WHITE, JR., JAMES L. WHITE, LYDIA BOB WHITE MOORE, LIZZIE JOHNSON WHITE PARTIN, WILLIAM WALTER ROBERTSON, RUTH ROBERTSON SAVAGE TILLER, NAOMI ROBERTSON McKINNEY, SALLIE DELL ROBERTSON WALSTON, and LUCILLE ROBERTSON ANDERSON Respondents", "name_abbreviation": "House v. White", "decision_date": "1978-01-17", "docket_number": "No. 776SC96", "first_page": "124", "last_page": "126", "citations": [ { "type": "official", "cite": "35 N.C. App. 124" } ], "court": { "name_abbreviation": "N.C. Ct. App.", "id": 14983, "name": "North Carolina Court of Appeals" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "57 N.C. 207", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 2082948 ], "year": 1858, "pin_cites": [ { "page": "209-10" } ], "opinion_index": 0, "case_paths": [ "/nc/57/0207-01" ] }, { "cite": "70 N.C. 345", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8692466 ], "year": 1874, "opinion_index": 0, "case_paths": [ "/nc/70/0345-01" ] }, { "cite": "148 S.E. 2d 30", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1966, "pin_cites": [ { "page": "32" } ], "opinion_index": 0 }, { "cite": "267 N.C. 209", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8558848 ], "year": 1966, "pin_cites": [ { "page": "211" } ], "opinion_index": 0, "case_paths": [ "/nc/267/0209-01" ] }, { "cite": "166 S.E. 2d 686", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1969, "pin_cites": [ { "page": "692" } ], "opinion_index": 0 }, { "cite": "275 N.C. 234", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8558343 ], "year": 1969, "pin_cites": [ { "page": "241" } ], "opinion_index": 0, "case_paths": [ "/nc/275/0234-01" ] } ], "analysis": { "cardinality": 322, "char_count": 4562, "ocr_confidence": 0.789, "pagerank": { "raw": 4.03580807328026e-08, "percentile": 0.20584288890973954 }, "sha256": "dac518a4d4503b8d8c8f00ac8cde89ee73f20d58cb436841a6047384153f1fb8", "simhash": "1:01edc032212f619f", "word_count": 794 }, "last_updated": "2023-07-14T19:24:32.681632+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges Britt and Parker concur." ], "parties": [ "R. D. HOUSE, JR. and EUGENE M. HOUSE Petitioners v. SIDNEY R. WHITE, JR., JAMES L. WHITE, LYDIA BOB WHITE MOORE, LIZZIE JOHNSON WHITE PARTIN, WILLIAM WALTER ROBERTSON, RUTH ROBERTSON SAVAGE TILLER, NAOMI ROBERTSON McKINNEY, SALLIE DELL ROBERTSON WALSTON, and LUCILLE ROBERTSON ANDERSON Respondents" ], "opinions": [ { "text": "VAUGHN, Judge.\nAppellant concedes that the children of one of the life tenants are entitled to one-half of the trust fund. He contends, however, that all of those who are entitled to take as heirs of T. L. House are of one class, his grandchildren, and that there should be a per capita distribution to the members of that class. He relies on G.S. 29-16. We must point out, however, that the current Intestate Succession Act was enacted in 1959. It specifically applies only to \u201cestates of persons dying on or after July 1, 1960.\u201d Chapter 879, \u00a7 15, 1959 Session Laws. \u201cIt is well settled that \u2018an estate must be distributed among heirs and distributees according to the law as it exists at the time of the death of the ancestor.\u2019 23 Am. Jur. 2d, Descent and Distribution \u00a7 21 ... .\u201d Vinson v. Chappell, 275 N.C. 234, 241, 166 S.E. 2d 686, 692 (1969); Johnson v. Blackwelder, 267 N.C. 209, 211, 148 S.E. 2d 30, 32 (1966). Under the rules of descent and distribution in effect at the time of the death of T. L. House in 1926, his heirs took per stirpes and not per capita. C.S. \u00a7 1654, Rule 3 (1919 and 1935); Crump v. Faucett, 70 N.C. 345 (1874).\nAppellant contends that Lydia Allsbrook did not inherit any share of the trust funds. He contends that she had received her full share of the estate of T. L. House by reasons of the advancements made to her. We note, however, that advancements are to be accounted for only in case of total intestacy. \u201cUnder the English statute of distributions, as well as under our act on that subject, it has always been held that no advancements were to be accounted for except in cases of total intestacy.\u201d Jerkins v. Mitchell, 57 N.C. 207, 209-10 (1858). Here the deceased died testate as to all of his property except the property that reverted to his estate upon the death of his son, W. Lawrence House, without a descendant.\nThe judgment is affirmed.\nAffirmed.\nJudges Britt and Parker concur.", "type": "majority", "author": "VAUGHN, Judge." } ], "attorneys": [ "Dickens and Dickens, by Wade H. Dickens, Jr.; Allsbrook, Benton, Knott, Allsbrook & Cranford, by Dwight L. Cranford, for petitioner appellees.", "Dunn & Dunn, by Raymond E. Dunn, for respondent appellant." ], "corrections": "", "head_matter": "R. D. HOUSE, JR. and EUGENE M. HOUSE Petitioners v. SIDNEY R. WHITE, JR., JAMES L. WHITE, LYDIA BOB WHITE MOORE, LIZZIE JOHNSON WHITE PARTIN, WILLIAM WALTER ROBERTSON, RUTH ROBERTSON SAVAGE TILLER, NAOMI ROBERTSON McKINNEY, SALLIE DELL ROBERTSON WALSTON, and LUCILLE ROBERTSON ANDERSON Respondents\nNo. 776SC96\n(Filed 17 January 1978)\nDescent and Distribution \u00a7\u00a7 7, 13\u2014 per stirpes division of property \u2014 effect of advancement\nProperty which reverted to testator\u2019s estate upon the death of one of his sons without a descendant was properly divided half to the children of another son who had been a life tenant, and the other half per stirpes to testator\u2019s remaining grandchildren, since, under the rules of descent and distribution in effect at the time of testator\u2019s death in 1926, his heirs took per stirpes and not per capita; moreover, children of a daughter who had received her full share of testator\u2019s estate by reason of advancements made to her were nevertheless entitled to a per stirpes share of the property, since advancements are to be accounted for only in case of total intestacy.\nAPPEAL by respondent, Sidney R. White, Jr., from James, Judge. Judgments entered 27 September 1976 in Superior Court, HALIFAX County. Heard in the Court of Appeals 17 November 1977.\nThe appeal arises from a special proceeding to divide funds held by the Clerk of Superior Court of Halifax County. For the purpose of the questions raised on appeal, the facts may be stated as follows. T. L. House died in 1926 and left a will in which he devised his. real estate to his sons, Richard D. House and W. Lawrence House, for their lives with remainder after their life estates to their children. He recited in his will that he had advanced to his daughter, Lydia B. Allsbrook, her full share of his real and personal property. In 1952, the life tenants sold timber from the land. The remaindermen\u2019s share of the proceeds from the sale was deposited with the clerk in a trust fund. Richard D. House died in 1963 and left two children. W. Lawrence House died in 1970 without ever having had any children. Lydia B. Allsbrook died in 1971 leaving a last will and testament. The trial judge concluded that one-half of the funds should go to the two children of Richard D. House. He concluded that the heirs of T. L. House inherited, per stirpes, the other one-half interest.\nRespondent, a son of a deceased daughter of T. L. House, appealed.\nDickens and Dickens, by Wade H. Dickens, Jr.; Allsbrook, Benton, Knott, Allsbrook & Cranford, by Dwight L. Cranford, for petitioner appellees.\nDunn & Dunn, by Raymond E. Dunn, for respondent appellant." }, "file_name": "0124-01", "first_page_order": 152, "last_page_order": 154 }