{
  "id": 8625581,
  "name": "G. M. GLENN, Trustee, v. ROSS ASHBY, Agent",
  "name_abbreviation": "Glenn v. Ashby",
  "decision_date": "1932-02-17",
  "docket_number": "",
  "first_page": "244",
  "last_page": "246",
  "citations": [
    {
      "type": "official",
      "cite": "202 N.C. 244"
    }
  ],
  "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": "178 N. C., 288",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        11272136
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/178/0288-01"
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    },
    {
      "cite": "141 N. C., 200",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        11252551
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/141/0200-01"
      ]
    },
    {
      "cite": "144 N. C., 121",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8658935
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/144/0121-01"
      ]
    },
    {
      "cite": "200 N. C., 497",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8623702
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/200/0497-01"
      ]
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  ],
  "analysis": {
    "cardinality": 292,
    "char_count": 4440,
    "ocr_confidence": 0.464,
    "pagerank": {
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      "percentile": 0.2072489554410315
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    "simhash": "1:68667122d4fc708d",
    "word_count": 764
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  "last_updated": "2023-07-14T22:38:17.445618+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "G. M. GLENN, Trustee, v. ROSS ASHBY, Agent."
    ],
    "opinions": [
      {
        "text": "Adams, J.\nThe controversy turns upon the question whether Rex Weathersby acquired a title in fee simple under the rule in Shelley\u2019s case. The plaintiff insists that the rule applies and that he can therefore convey to the grantee an indefeasible title, while the defendant takes the position that the ulterior limitation prevents the application of the rule. His Honor adopted the plaintiff\u2019s view.\nConceding the position that if the terms of the devise carry the entire estate in fee tail whether general or special the first devisee takes an estate in fee, we find that the phrase, \u201cheirs of Rex Weathersby by .,\u201d is unimportant. Morehead v. Montague, 200 N. C., 497; Sessoms v. Sessoms, 144 N. C., 121; Jones v. Ragsdale, 141 N. C., 200.\nThe property is conveyed to \u201cRex Weathersby for life with remainder to the bodily heirs of said Rex Weathersby by .\u201d This clause standing alone transfers a title in fee to the grantee, but it is followed by the words \u201cif any\u201d- \u2014 i. e., if there are any bodily heirs. It is admitted that the grantee has children, living bodily heirs. The condition imposed by the words \u201cif any\u201d is thus fulfilled and the limitation to Medlin is defeated. By the express terms of the deed Rex Weathersby takes the fee. Substantially similar language was construed in Radford v. Rose, 178 N. C., 288, in which it is said, \u201cNote that the language is not \u2018dying without bodily heirs/ or Ieaving.no bodily heirs/ but that \u2018they have no bodily heirs/ a condition fully met by the fact that the plaintiff has three bodily heirs, to wit, three living children.\u201d\nUpon the agreed facts it is not necessary to intimate what the effect would have been had the ulterior limitation depended upon the death of Rex Weathersby without bodily heirs surviving him. Judgment Affirmed.",
        "type": "majority",
        "author": "Adams, J."
      }
    ],
    "attorneys": [
      "Gatling & Morris for plaintiff.",
      "J ames E. Shepherd and S. Brown Shepherd for defendant."
    ],
    "corrections": "",
    "head_matter": "G. M. GLENN, Trustee, v. ROSS ASHBY, Agent.\n(Filed 17 February, 1932.)\nDeeds and Conveyances C c \u2014 Grantee in deed in this case took fee simple under rule in Shelley\u2019s case, and limitation over was defeated.\nConstruing a deed in consideration of natural love and affection to the grantor\u2019s grandson by name \u201cfor life with remainder to his bodily heirs by ., if any, otherwise to M.\u201d: Seld, the grantee acquired a fee-simple title under the rule in Shelley\u2019s ease, and the limitation over to M. was defeated by the grantee\u2019s having living children, the condition not stipulating that the limitation over should take effect upon the death of the grantee without bodily heirs him surviving.\nAppeal by defendant from Small, J., at October Term, 1931, of EuaNKLIN.\nAffirmed.\nTbis is a controversy without action involving the construction of the following clauses in a deed executed by J. T. Medlin and Oora T. Medlin to Rex Weathersby on 24 August, 1925:\n\u201cThat said Gora T. Medlin and husband, J. Y. Medlin, in consideration of the natural love and affection which they have for their grandson, Rex Weathersby, have bargained and sold, and by these presents do grant, bargain, sell and convey to said Rex Weathersby for life with remainder to the bodily heirs of said Rex Weathersby by., if any, otherwise to J. R. Medlin, certain tracts or parcels of land in Franklin County, State of North Carolina, adjoining the lands of D. W. Spivey and others and bounded as follows, . . .\n\u201cTo have and to hold the aforesaid tract or parcel of land and all privileges and appurtenances thereto belonging, to the said Rex Weath-ersby for life with remainder to the bodily heirs of said Rex Weathersby, if any, otherwise to J. R. Medlin to their only use and behoof forever.\u201d\nOn 14 November, 1929, Rex Weathersby and his wife executed and delivered to G. M. Glenn, trustee, two deeds of trust conveying the real property in controversy. The trustee exposed the property to sale under the terms of the trust and the defendant became the last and highest bidder subject to the approval of title. The sale was confirmed by the clerk. The trustee tendered a deed and the defendant declined to accept it on the ground that the title acquired by Weathersby is defective in that the fee is or may be defeated by the ulterior limitation in his deed. It is admitted that Rex Weathersby has children.\nIt was adjudged at the hearing that the plaintiff as trustee can convey title in fee simple and that the defendant is obligated to comply with his bid. The defendant excepted and appealed.\nGatling & Morris for plaintiff.\nJ ames E. Shepherd and S. Brown Shepherd for defendant."
  },
  "file_name": "0244-01",
  "first_page_order": 310,
  "last_page_order": 312
}