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AMERSON v. LANCASTER

No. 918SC421.

415 S.E.2d 93 (1992)

106 N.C. App. 51

Ruby L. AMERSON, Dorothy Lamour Wainwright Hainey, Ruby Diane Wainright Lancaster and Cathy DeLoise Wainwright Thomas, Plaintiffs, v. James LANCASTER and Wife, Alma Lancaster, and Ann Lancaster Newcomb and Husband, James Newcomb, Defendants.

Court of Appeals of North Carolina.

April 7, 1992.

Attorney(s) appearing for the Case

Baddour, Parker & Hine, P.A. by Henry C. Smith, Goldsboro, for plaintiffs, appellees.

Dees, Smith, Powell, Jarrett, Dees & Jones by Tommy W. Jarrett, Goldsboro, for defendants, appellants.

WALKER, Judge.

Summary judgment is proper only when there is no genuine issue of material fact and one party is therefore entitled to judgment as a matter of law. Frye v. Arrington, 58 N.C. App. 180, 292 S.E.2d 772 (1982). In the present case since the parties agreed on the facts, the controversy centers upon the construction to be given the reservation in the 1965 deed, whereby the life tenants retained the right to convey...

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