{ "id": 8572484, "name": "PHILIP E. LUCAS, Public Administrator of the Estate of ABRAHAM FELDER v. JESSIE DINKINS FELDER, Widow; THOMAS FELDER, and wife, EMMA FELDER; ANDREW CLESE FELDER and wife, DOROTHY MAE FELDER; PEARL PERSTEAL FELDER BUTLER and husband, KING BUTLER; JESSIE MAE FELDER HART and husband, GEORGE HART; and O'NEIL FELDER, single", "name_abbreviation": "Lucas v. Felder", "decision_date": "1964-01-17", "docket_number": "", "first_page": "169", "last_page": "171", "citations": [ { "type": "official", "cite": "261 N.C. 169" } ], "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": "106 N.C. 282", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8651195 ], "opinion_index": 0, "case_paths": [ "/nc/106/0282-01" ] }, { "cite": "142 N.C. 140", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8651754 ], "opinion_index": 0, "case_paths": [ "/nc/142/0140-01" ] }, { "cite": "165 S.E. 350", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "203 N.C. 218", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8605731, 8605604 ], "opinion_index": 0, "case_paths": [ "/nc/203/0218-02", "/nc/203/0218-01" ] }, { "cite": "89 S.E. 2d 745", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "243 N.C. 65", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8621031 ], "opinion_index": 0, "case_paths": [ "/nc/243/0065-01" ] }, { "cite": "260 N.C. 239", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8574070 ], "opinion_index": 0, "case_paths": [ "/nc/260/0239-01" ] } ], "analysis": { "cardinality": 322, "char_count": 4758, "ocr_confidence": 0.406, "pagerank": { "raw": 8.693415524525487e-08, "percentile": 0.49295190569025454 }, "sha256": "e6dd9504c030077858f726695c7658d341f5b6b5cda473971ed1d9c57e0c6727", "simhash": "1:800f37f30112b644", "word_count": 825 }, "last_updated": "2023-07-14T21:53:45.776989+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "PHILIP E. LUCAS, Public Administrator of the Estate of ABRAHAM FELDER v. JESSIE DINKINS FELDER, Widow; THOMAS FELDER, and wife, EMMA FELDER; ANDREW CLESE FELDER and wife, DOROTHY MAE FELDER; PEARL PERSTEAL FELDER BUTLER and husband, KING BUTLER; JESSIE MAE FELDER HART and husband, GEORGE HART; and O\u2019NEIL FELDER, single." ], "opinions": [ { "text": "Rodman, J.\nPlaintiff, administrator of the estate of Mraham Felder, filed \u00a1his petition seeking to sell realty for the purpose of making assets to pay debts of his intestate. The petition lists personal assets worth slightly lass than $700; specific debts in excess of $2500, \u25a0and a balance owing on the widow\u2019s allotted year\u2019s support of $1000, and real estate owned by decedent estimated to\u00a1 be worth $10,000.\nIt is \u00a1alleged iin the petition that Jessie Dinkins Felder, widow of the intestate, 'has elected to take a life estate in .realty as permitted \u25a0by G.S. 29-30; and the heirs of the intestate are his five children: Thomais Felder, Andrew Felder, Pearl Butler, Jessie Hart, .and O\u2019Neil Felder.\nJessie Dinkins Felder answered. She admitted a \u00a1sale was necessary and her election to take a life .estate as permitted by G.S. 29-30. She asked that the cash value of her life estate be computed and paid to her from the proceeds of sale.\nDefendant Andrew and wife denied, for want of information, the allegations with respect to the value of the personalty and the amount of the debts. They .admitted the heirs were the five children named in the petition. They \u00a1alleged Jessie Dinkins Felder had forfeited any interest in the estate of intestate by (\u00a1a) her abandonment of deceased m 1931 and (b) an absolute divorce obtained by deceased in 1946.\nThe clerk heard the matter on the answers. He found that answering defendants .admitted that the personal assets were insufficient to pay tiie debts. He found as a fact that Jessie Dinkins Felder had sought \u00a1and been allotted her year\u2019is support and that defendant Andrew had participated in that proceeding, but had abandoned his appeal from the order allotting support. The clerk did not, however, make \u00a1any adjudication of the rights of the parties other than to order \u25a0a sale of realty. He .directed the commissioner to report any sale made for confirmation.\nOn appeal the clerk\u2019s order was affirmed by the judge.\nNot until there has been \u2019an \u00a1adjudication of the rights asserted by Jessie \u00a1and denied by Andrew can either appeal with respect to those rights. Neither, in view of the admissions made, is a party aggrieved. The appeal is premature. G.S. 1-271; Roberts v. Barlowe, 260 N.C. 239; Ingle v. McCurry, 243 N.C. 65, 89 S.E. 2d 745; Smith v. Matthews, 203 N.C. 218, 165 S.E. 350.\nIt must not ibe inferred tihat we give our approval to the order of sale because we dismiss the appeal. The order is proper .a\u00a9 to all who were served with process or who voluntarily entered an appearance. It appears from the petition that intestate left five children entitled to participate in the distribution of the estate. Four of the five are nonresidents. The -record -does not show service of process on these four or that -they have entered an appearance. It may be the parties to the present appeal did not deem it necessary to include in the record sent here those portions of the record of the -Superior Court \u00a9howing how remaining defendants have become subject to the court\u2019s orders. Unless .they are properly before the -court the order of sale would be void as to them. Card v. Finch, 142 N.C. 140; Harrison v. Harrison, 106 N.C. 282. The Superior Court is -directed to set aside the order of sale unless it ha\u00a9 in fact obtained jurisdiction of all of the parties named as defendants in the petition.\nAppeal dismissed.", "type": "majority", "author": "Rodman, J." } ], "attorneys": [ "Oliver T. Denning for respondent appellants Andrew C\u00edese Felder and Dorothy Mae Felder.", "White and Cmmpler by Leslie G. Frye, Harrell Powell, Jr., and Fred G. Crumpler, Jr., for defendant appellee Jessie Dinkins Felder." ], "corrections": "", "head_matter": "PHILIP E. LUCAS, Public Administrator of the Estate of ABRAHAM FELDER v. JESSIE DINKINS FELDER, Widow; THOMAS FELDER, and wife, EMMA FELDER; ANDREW CLESE FELDER and wife, DOROTHY MAE FELDER; PEARL PERSTEAL FELDER BUTLER and husband, KING BUTLER; JESSIE MAE FELDER HART and husband, GEORGE HART; and O\u2019NEIL FELDER, single.\n(Filed 17 January 1964.)\n1. Executors and Administrators \u00a7 17; Appeal and Error \u00a7 3\u2014\nWhere the widow elects to take a life estate in 'the real estate os permitted by G.S. 29-30 and admits that a sale of the real estate is necessary to pay debts of the estate and asks that the cash value of her life estate be computed -and paid from the proceeds of sale, the appeal of -an heir on the ground that the widow had forfeited any interest in -the -estate is premature, the rights of the par-ties in the distribution of the proceeds of the sale not being adjudicated by the -order of -the sale. G.S. 1-271.\n2. Judgments \u00a7 29\u2014\nPersons who are not properly before the court are not bound by its orders and such orders are void as to them.\nAppeal by defendants Andrew Olese Felder and wife, from Biddle, S. J., April 22, 1963 Session of Forsyth.\nOliver T. Denning for respondent appellants Andrew C\u00edese Felder and Dorothy Mae Felder.\nWhite and Cmmpler by Leslie G. Frye, Harrell Powell, Jr., and Fred G. Crumpler, Jr., for defendant appellee Jessie Dinkins Felder." }, "file_name": "0169-01", "first_page_order": 209, "last_page_order": 211 }