{
  "id": 8682221,
  "name": "WALTER P. CALDWELL and others vs. LEONIDAS COWAN and ROBERT Z. COWAN",
  "name_abbreviation": "Caldwell v. Cowan",
  "decision_date": "1864-12",
  "docket_number": "",
  "first_page": "94",
  "last_page": "96",
  "citations": [
    {
      "type": "nominative",
      "cite": "1 Win. 94"
    },
    {
      "type": "official",
      "cite": "60 N.C. 94"
    }
  ],
  "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": [],
  "analysis": {
    "cardinality": 238,
    "char_count": 3489,
    "ocr_confidence": 0.352,
    "sha256": "221470a6202253bc603aa1f758b57cdb91033f0386c4e786dc50098c8162e438",
    "simhash": "1:b03c634c745a145d",
    "word_count": 588
  },
  "last_updated": "2023-07-14T15:24:57.689025+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "WALTER P. CALDWELL and others vs. LEONIDAS COWAN and ROBERT Z. COWAN."
    ],
    "opinions": [
      {
        "text": "Pearsoh, C. J.\nThe act of 18,62-3, ch, 49, ratified- 12th of February, 1863, which repeals the proviso of the 2d sect, of the Statute of distributions. \u201c In the distribution of the estates of interests,\u00abthere shall be admitted among, collateral kindred, no representation \u25a0 after brothers and sisters children.\" Rev. Code, ch. 64, will\u2019 in cases to which it has application; make a very important change in a long established rule of law, and let in . remote kindred who have heretofore been excluded for the purpose of avoiding the inconvenience of splitting up estates of personal property into so many parts.\nThis change in the law is only made when, by the right of representation, and taking the 'place of an ancestor, a, party can bring himself up to an equality with others who claim the estate. For instance \u2014 if there-be a brother, o>r children of a deceased brother, and grandchildren of another deceased brother, the latter will, by this change of the law, be able t\u00a9 bring themselves- up to an' equality, and take the share their ancestor would have taken, if living. So, if there be an -uncle, and children of a diseased uncle, the latter, although excluded by-the old rule, st-ill now take a share by representation.\nIn the case under consideration-there is no change ia the law : for, the right of representing an ancestor, how-jver remote, will not bring up the other claimants to an jquality with the defendants, who are.the children of a leceased brother of the intestate: For, by representing ;heir grandfather/who was the father of the intestate, ;hey are in one degree of the intestate : whereas, none of the others can, by representing anyancestoiy bring themselves ntearer than two degrees.\nAllow the brother and sister of the intestate\u2019s mother ;o represent their father : he was the grandfather of the,, ntestate on the mother\u2019s side \u2014 that leaves them two decrees removed, if standing in place of their ancestor. \u25a0 Al-ow the. grandson of the intestate\u2019s uncle to represent his rreat, great grandfather : he was the grandfather of the ntestate \u2014 that leaves him two degrees removed. Or al-ow the children of intestate\u2019s a\u00fants to represent their grandfather: he was the grandfather of intestate, and that leaves them two degrees removed after their right of -representation is carried as far as it will reach.\nThe defendants are, therefore, entitled, being the meanest of kin ; and the unlimited right of representing am ancestor cannot, in this instance, aid the other claimants..\nLet the bill be dismissed at plaintiffs\u2019 costs.",
        "type": "majority",
        "author": "Pearsoh, C. J."
      }
    ],
    "attorneys": [
      "Sharpe for the plain tiffs.",
      "Boy den for the defendants."
    ],
    "corrections": "",
    "head_matter": "WALTER P. CALDWELL and others vs. LEONIDAS COWAN and ROBERT Z. COWAN.\nUfone can take a iHsfcnt utiva share of an intestate's estate, with his next of kin, by force of the art of 1862-8, ch. .49, but those who, by representing an ancestor, can put themselves in the same degree of kindred to the'intestate, as his next of kin.\nThis cause was removed from the Court of Equity of Rowan eounty to this Court.\nThe purpose of the suit was to have a distiibution-of the personal estate of J. Pinckney Cowan, who died intestate in May, 18(53. The plaintiffs are the brother and lister of the intestate\u2019s mother, the sisters of his father, -the grandchild of a deceased brother of the intestate\u2019s father, and the children of deceased sisters of his father, \u2022 who claimed a right to distributive shares ' with the defendants, who are the children of a deceased brother of the intestate. _\nSharpe for the plain tiffs.\nBoy den for the defendants."
  },
  "file_name": "0094-01",
  "first_page_order": 96,
  "last_page_order": 98
}