{ "id": 12166244, "name": "H. P. BRANDIS et al. v. HARRY McMULLAN, Attorney-General", "name_abbreviation": "Brandis v. McMullan", "decision_date": "1948-11-03", "docket_number": "", "first_page": "411", "last_page": "412", "citations": [ { "type": "official", "cite": "229 N.C. 411" } ], "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": "227 N. C. 500", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8626187 ], "opinion_index": 0, "case_paths": [ "/nc/227/0500-01" ] }, { "cite": "227 N. C. 329", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8624599 ], "opinion_index": 0, "case_paths": [ "/nc/227/0329-01" ] } ], "analysis": { "cardinality": 229, "char_count": 3905, "ocr_confidence": 0.484, "pagerank": { "raw": 4.03580807328026e-08, "percentile": 0.2467923805596388 }, "sha256": "12d92f62210b835b5e24add1d036ae4bdedef3a1dd90642b761b237a102fb70a", "simhash": "1:ad77ce371fc32a82", "word_count": 672 }, "last_updated": "2023-07-14T16:16:54.231798+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "F.RviN, J., took no part in the consideration or decision of this case." ], "parties": [ "H. P. BRANDIS et al. v. HARRY McMULLAN, Attorney-General." ], "opinions": [ { "text": "Stacy, C. J.\nIt will be observed that the portion of the Parsonage Square which the Trustees of the Maxwell Chambers Trust propose to exchange is not under the inhibition from sale or alienation as are the lots in the Church Square devised to the same devisees. Brandis v. Trustees of Davidson College, 227 N. C. 329, 41 S. E. (2) 833. Thus, on this record, and the determinations of the trial court the judgment approving the exchange will be sustained.\nThe suggestion of the guardian ad litem that the condition attached, \u201cthe church may continue to use the present Church Building and facilities rent free until a new church building can be erected on the Parsonage Square\u201d is too indefinite and subject to unlimited postponement, was considered by the trial court and held to be insufficient to thwart the proposed exchange, ffe approve. Reynolds Foundation v. Trustees of Wake Forest College (Exception No. 6), 227 N. C. 500, 42 S. E. (2) 910.\nThe judgment will be upheld.\nAffirmed.\nF.RviN, J., took no part in the consideration or decision of this case.", "type": "majority", "author": "Stacy, C. J." } ], "attorneys": [ "Grange & Craige for Elders and Trustees of First Presbyterian Ch urch of Salisbury, plaintiffs, appellees.", "Neal Y. Pharr for Trustees of Davidson College, plaintiffs, appellees.", "John C. Kester, Guardian Ad Litem, defendant, appellant." ], "corrections": "", "head_matter": "H. P. BRANDIS et al. v. HARRY McMULLAN, Attorney-General.\n(Filed 3 November, 1948.)\n1. Charities \u00a7 2\u2014\nJudgment approving an exchange by the trustees of a church of land held by it in fee simple for land of equal value held by it under a trust, upon the court\u2019s finding that all interested parties had duly assented to the exchange, and that the exchange was advantageous to all the parties, is affirmed.\n2. Same\u2014\nAn exchange by a church of properties owned by it out of and into a charitable trust upon condition that the church continue to use the present church building and facilities rent free until a new church building could be erected will not be held invalid for indefiniteness or as subject to unlimited postponement.\nErvin, J., took no part in the consideration or decision of this case.\nAppeal by defendant, guardian ad litem, from Pless, J., May Term, 1948, of Rowan.\nProceeding to obtain approval of exchange of real estate out of and into charitable trust.\nUnder the Will of Maxwell Chambers, who died in 1855, four lots in what is now known as the Parsonage Square in the Town of Salisbury are devised to the Elders of the First Presbyterian Church of Salisbury and their successors in office \u201cin trust . . . for a parsonage,\u201d etc. Other lots in an adjacent square, now known as the Church Square, are devised to the same devisees for the use of said church, \u201creserving and withholding from them the right of selling the same or any part of them,\u201d and upon condition stated the lots in both squares are to \u201cpass over and become invested in the Trustees of Davidson College\u201d in trust and on condition stated.\nThere are other lots in the Church Square which the First Presbyterian Church of Salisbury owns in fee simple, having acquired them from sources other than the Will of Maxwell Chambers. These lots owned in fee simple and the lots in the Church Square acquired under the Will of Maxwell Chambers constitute the entire square.\nIt is proposed to exchange the fee-simple lots in the Church Square for a portion of the Parsonage Square of equal value so as to bring the whole of the Church Square under the terms of the trust set up in the Will of Maxwell Chambers, \u201cupon condition that the Church may continue to use the present Church Building and facilities rent free until a nerv church building can be erected on the Parsonage Square.\u201d\nThe trial court found that all interested parties had duly assented to the exchange; that the proposed exchange was advantageous to all parties, and approved the same.\nFrom this adjudication, John C. Ivcsler, Guardian Ad Litem, excepted and appeals.\nGrange & Craige for Elders and Trustees of First Presbyterian Ch urch of Salisbury, plaintiffs, appellees.\nNeal Y. Pharr for Trustees of Davidson College, plaintiffs, appellees.\nJohn C. Kester, Guardian Ad Litem, defendant, appellant." }, "file_name": "0411-01", "first_page_order": 465, "last_page_order": 466 }