{
  "id": 8575094,
  "name": "NEWTON ALLEN, MRS. BESSIE ALLEN JACKSON and MRS. HILDA ALLEN WHITE v. JOYCE NEWTON ALLEN, a Minor",
  "name_abbreviation": "Allen v. Allen",
  "decision_date": "1963-10-30",
  "docket_number": "",
  "first_page": "431",
  "last_page": "432",
  "citations": [
    {
      "type": "official",
      "cite": "260 N.C. 431"
    }
  ],
  "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": "24 S.E. 2d 621",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "222 N.C. 644",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8631958
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/222/0644-01"
      ]
    },
    {
      "cite": "129 S.E. 2d 239",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "258 N.C. 590",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8561843
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/258/0590-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 200,
    "char_count": 2412,
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    "simhash": "1:0721f3059f3b4e52",
    "word_count": 416
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  "last_updated": "2023-07-14T17:49:29.885963+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "NEWTON ALLEN, MRS. BESSIE ALLEN JACKSON and MRS. HILDA ALLEN WHITE v. JOYCE NEWTON ALLEN, a Minor."
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nOn 15 December 1922 A. .E. Newton executed and \u00a1delivered to his daughter, Maggie Newton Allen, a deed conveying a tract of land \u201cto Maggie Newton Allen, during her life, .and at her \u25a0death to her children.\u201d At the time of the execution and delivery of the deed Maggie Newton Allen was married \u00a1and had three young \u2022children, the plaintiff\u00ae in -this action. The grantor, A. E. Newton, died in 1943. On December 20,1959, Maggie Newton Allen and her husband legally adopted Joyce Newton Allen, the defendant in this action. Joyce Newton (Allen) is the natural niece of Maggie Newton Allen and the natural granddaughter of A. E. Newton \u2014 \u00a1at \u00a1the time of her adoption her natural father was dead and her natural mother inoom-patent. Maggie New.ton Allen died intestate on 11 March 1962 leaving surviving ber the plaintiffs, who are her natural 'children, and the defendant, her adopted child.\nThe complaint present\u00ae only one question for decision: \u201cDoss the defendant, who is a 'child adopted after the execution 'and delivery of the . . . deed, fall within the term \u2018children\u2019 .as used in said deed?\u201d\nThe facts, as set out above, were stipulated by the parties. The court adjudged that the plaintiffs \u201care the owners in fee simple of the property described in . . . the complaint . . ., and that the defendant, Joyce Newton Allen, ha;s no right, title or interest therein -by virtue of the . . . deed.\u201d\nThe judgment of the court below i\u00ae affirmed under authority of Thomas v. Thomas, 258 N.C. 590, 129 S.E. 2d 239. See also Smyth v. McKissick, 222 N.C. 644, 24 S.E. 2d 621. The iseoond sentence of G.S. 48-23 (a) wais not enacted' until 1955, and ha\u00ae no application to this deed executed in 1922.\nAffirmed.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Bums, Long & Burns for plaintiffs.",
      "B. B. Dawes, Jr\u201e, and Charles B. Wood for defendants."
    ],
    "corrections": "",
    "head_matter": "NEWTON ALLEN, MRS. BESSIE ALLEN JACKSON and MRS. HILDA ALLEN WHITE v. JOYCE NEWTON ALLEN, a Minor.\n(Filed 30 October 1963.)\nDeeds \u00a7 13\u2014\nA deed to the grantee for life and at her death to her children does not include a child adopted by the grantee after execution of the deed as one of the members \u00a1of the class to take by remainder. GjS. 48-23 (a) has no \u00a1application since the deed was executed prior to its enactment.\nAppeal foy defendant from Hobgood, J., at Chambers April 6, 1963, in Louisburg, North Carolina. From PERSON.\nAction pursuant to the Declaratory Judgment Act for construction of a deed.\nBums, Long & Burns for plaintiffs.\nB. B. Dawes, Jr\u201e, and Charles B. Wood for defendants."
  },
  "file_name": "0431-01",
  "first_page_order": 471,
  "last_page_order": 472
}