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BLAND v. BLAND

No. 7426DC139.

203 S.E.2d 639 (1974)

21 N.C. App. 192

Dorothea C. BLAND v. Catherine M. BLAND, Executrix of Estate of Berry Jewel Bland.

Court of Appeals of North Carolina.

April 3, 1974.

Attorney(s) appearing for the Case

Mullen, Holland & Harrell, P. A. by Graham C. Mullen, Gastonia, for plaintiff-appellee.

Anne M. Lamm and Basil L. Whitener, Gastonia, for defendant-appellant.

BRITT, Judge.

The first question presented is whether summary judgment is proper in this action. We hold that it is. The purpose of the summary judgment procedure provided by G.S. § 1A-1, Rule 56, is to ferret out those cases in which there is no genuine issue as to any material fact and in which, upon undisputed facts, a party is entitled to judgment as a matter of law. Savings & Loan Assoc. v. Trust Co., 282 N.C. 44,

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