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RAPE v. LYERLY

No. 94.

215 S.E.2d 737 (1975)

Donald G. RAPE et al. v. Woodrow W. LYERLY et al.

Supreme Court of North Carolina.

June 26, 1975.

Attorney(s) appearing for the Case

Kluttz & Hamlin by Lewis P. Hamlin, Jr., Richard R. Reamer, and Malcolm B. Blankenship, Jr., Salisbury, for plaintiffs-appellees.

Collier, Harris, Homesley, Jones & Gaines by Walter H. Jones, Jr., Mooresville, for defendants-appellants.

SHARP, Chief Justice:

We consider first defendants' contentions (1) that the evidence was insufficient to warrant a finding that Mr. Jim contracted to devise his real property as alleged by plaintiffs and (2) that the writing signed by Mr. Jim was insufficient to comply with G.S. § 22-2, our statute of frauds.

Although an oral contract to devise land is unenforceable, Pickelsimer v. Pickelsimer, 257 N.C. 696, 698,

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