{
  "id": 8698004,
  "name": "FEREBEE JUSTICE and others v. JOHN A. GUION",
  "name_abbreviation": "Justice v. Guion",
  "decision_date": "1877-01",
  "docket_number": "",
  "first_page": "442",
  "last_page": "444",
  "citations": [
    {
      "type": "official",
      "cite": "76 N.C. 442"
    }
  ],
  "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": "3 Jones Eq. 400",
      "category": "reporters:state",
      "reporter": "Jones Eq.",
      "case_ids": [
        8693498
      ],
      "opinion_index": -1,
      "case_paths": [
        "/nc/56/0400-01"
      ]
    },
    {
      "cite": "74 N. C. 434",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8682988
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/74/0434-01"
      ]
    },
    {
      "cite": "3 Jones Eq. 400",
      "category": "reporters:state",
      "reporter": "Jones Eq.",
      "case_ids": [
        8693498
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/56/0400-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 270,
    "char_count": 3474,
    "ocr_confidence": 0.441,
    "pagerank": {
      "raw": 2.3536828884964764e-07,
      "percentile": 0.7935271515829687
    },
    "sha256": "3f018b79f48bc7526fbd5705c35b53ce05afffbfaf6f992093953ee8bb576546",
    "simhash": "1:56b6e7759f70c63e",
    "word_count": 611
  },
  "last_updated": "2023-07-14T21:21:57.000998+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "FEREBEE JUSTICE and others v. JOHN A. GUION."
    ],
    "opinions": [
      {
        "text": "Eaiecloth, J.\nThe petition alleges that a sale of the premises and re-investment of the proceeds would greatly promote the interests of the plaintiff's, and this allegation is admitted by the- demurrer of the defendant, who ' however denies the power Of the Court to'order a sale on the ground that the plaintiffs\u2019 interest in the premises, except the life tenant, is contingent.. The .property was conveyed by deed to the defendant in tru\u00e9t for Mrs. -Justice ' during her life, and then to'be surrendered to her children who \u201c shall survive her and be living at her decease,\u201d to be equally divided &c. The Court would gladly- aid the petitioners in promoting their interest, but it has not .the-power to do so._ The estate of the plaintiffs is a contingent remainder-and'the contingency arises out of the uncertainty of the persons who-will be able 16 take .'the estate at their mother\u2019s decease. Some of the children now living may die without issue and others may be born before the life estate terminates. No one can now tell how these matters may then be. This rule has been long and well settled. \u25a0 The leading text books are uniform on the subject. In our State the leading case is Watson v. Watson, 3 Jones Eq. 400, and the last case is Williams v. Hassell, 74 N. C. 434; and we can add nothing to the reasoning to be found in those authorities and do not consider it necessary to repeat it .in-this case. The demurrer m\u00fcst be sustained.\nNo error.\nPee, Cubiam. Judgment affirmed*.",
        "type": "majority",
        "author": "Eaiecloth, J."
      }
    ],
    "attorneys": [
      "No counsel for plaintiffs.",
      "Mr. A. G. Hubbard, for defendant."
    ],
    "corrections": "",
    "head_matter": "FEREBEE JUSTICE and others v. JOHN A. GUION.\nContingent Remainder \u2014 Power of Court to Sell Land.\n-A 'Court has no power to order a sale of land for the purpose of converting it into other property where it is limited in contingent remainder.\n-;{Watsonr. Watson, 3 Jones Eq. 400; Williams v. Hassell, 74 N. 0. 434, cited and approved.)\nCivil ActioN, tried at Eall Term, 1876, of Craves Superior Court, before Seymour, J.\n\u2022 The action was brought to obtain an order to sell a certain house and lot in the City of Newbern. In 1853, this property was conveyed by one Sarah Tilman to a trustee \u201c for the benefit- of her niece (the plaintiff Eerebee Justice) for life, with remainder to the children of said Eerebee who should survive her to be equally divided between them, with a further provision that if any child, of said Eerebee should die before her leaving a child or children, such child or children should represent its or their parent in the division.\u201d\nThe trustee named in the deed was H. T. G-uion now deceased, a brother of said Eerebee. The defendant is one of the brothers and one of the heirs at law of the deceased trustee, and was made a party to this suit to the end that an adjudication maybe had upon the questions involved.\nEerebee Justice who has been a widow for twenty years has three children, the youngest of whom is over the age of twenty-one, two of whom are married and have children and one of whom is unmarried.\nThe plaintiffs demand that the said land be sold and the proceeds re-invested in other propei\u2019ty under the same trusts, and that H. C. Justice be appointed trustee.\nThe defendant demurred to the complaint and assigned as cause, that the class of persons to whom the land is limited in contingent remainder are not in esse, and not represented in.Court as parties.\nHis Honor granted an order to appoint a trustee and sustained the demurrer, from which judgment the plaintiffs appealed.\nNo counsel for plaintiffs.\nMr. A. G. Hubbard, for defendant."
  },
  "file_name": "0442-01",
  "first_page_order": 454,
  "last_page_order": 456
}