{
  "id": 8655069,
  "name": "SALLIE M. MASTERS and Her Husband v. J. F. RANDOLPH",
  "name_abbreviation": "Masters v. Randolph",
  "decision_date": "1922-02-22",
  "docket_number": "",
  "first_page": "3",
  "last_page": "4",
  "citations": [
    {
      "type": "official",
      "cite": "183 N.C. 3"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "50 N. C., 88",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        11276385
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/50/0088-01"
      ]
    },
    {
      "cite": "180 N. C., 90",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8652895
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/180/0090-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 218,
    "char_count": 2674,
    "ocr_confidence": 0.45,
    "pagerank": {
      "raw": 4.03580807328026e-08,
      "percentile": 0.20763565752289034
    },
    "sha256": "4f9336c28f335efb4af776b6e217a7746fa054961868214c63623ead73af4746",
    "simhash": "1:c08c34ab8aece273",
    "word_count": 466
  },
  "last_updated": "2023-07-14T16:03:22.299745+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "SALLIE M. MASTERS and Her Husband v. J. F. RANDOLPH."
    ],
    "opinions": [
      {
        "text": "HoKE, J.\nThe title offered is dependent upon the following facts, properly set forth in the case agreed:\nThe part of the lot in question, the subject-matter of the contract was owned by S. G. Myers, now deceased, who was the mother of feme plaintiff.\nThat said S. G. Myers died, leaving a last will and testament duly executed and proved and recorded, and in which she made disposition of the property in terms as follows: \u201cI give to my daughter, S. G. H. Myers (now Masters, and feme plaintiff), and-her children, the house and lot, also the furniture in the house on the premises known as lot 31, \u2022 Pungo Town, in the town of \u201eWashington, N. C.\u201d\nThat said Sallie M. Masters was at the time of the execution and probating of said will unmarried, and that she does not now have and has never had any children.\nUpon these, the pertinent facts on the question presented, our decisions clearly hold that the feme plaintiff, Sallie M. Masters, is the absolute owner in fee of the property, and the judgment of his Honor enforcing compliance with the contract is affirmed. See Cole v. Thornton, 180 N. C., 90; Moore v. Leach, 50 N. C., 88, and eases cited.\nIn Cole\u2019s case, supra, the controlling principle is stated as follows: \u201cAn estate to testator\u2019s wife for life, then to their named daughter and her children, if any, but should the latter die leaving no children, then to the heirs at law of testator\u2019s wife. The wife being dead, and the daughter being her only heir, and there never having been children born of the daughter, the latter takes an estate tail converted by the statute into a fee-simple title.\u201d\nAffirmed.",
        "type": "majority",
        "author": "HoKE, J."
      }
    ],
    "attorneys": [
      "Small, MacLean, Bragaw & Rodman for plaintiff.",
      "Stewart & Bryan for defendant."
    ],
    "corrections": "",
    "head_matter": "SALLIE M. MASTERS and Her Husband v. J. F. RANDOLPH.\n(Filed 22 February, 1922.)\nEstates \u2014 Estates Tail \u2014 Children\u2014Statutes\u2014Fee\u2014Wills.\nA devise of land to testatrix\u2019s daughter \u201cand her children,\u201d the daughter never having had children born to her, conveys an estate tail to the daughter, converted by the statute into a fee-simple title, which she may convey in fee. dole v. Thornton, ISO N. 0., 90, cited and applied.\nAppeal by defendant from Daniels, J., at the January Term, 1922, of Beaufort.\nCivil action, submitted and determined on cas'e agreed.\nThe action is to recover the purchase price of a parcel of land, part of lot No. 31 in'Pungo Town, Washington, N. C., plaintiffs having contracted to sell and \u201cconvey a good title to defendant.\u201d Eecovery is resisted on the ground that feme plaintiff, and alleged owner, did not have a perfect title, and was therefore unable to comply with the contract of sale.\nJudgment for plaintiff, and defendant excepted and appealed.\nSmall, MacLean, Bragaw & Rodman for plaintiff.\nStewart & Bryan for defendant."
  },
  "file_name": "0003-01",
  "first_page_order": 63,
  "last_page_order": 64
}