No. COA97-1580.

510 S.E.2d 195 (1999)

Billy L. WHEELER, trustee under the Myrtle P. Wheeler trust deed dated December 13, 1990; Billy L. Wheeler, trustee under the will of Myrtle P. Wheeler dated February 26, 1986; and Billy L. Wheeler, individually, Petitioners, v. Billy Todd QUEEN, Respondent.

Court of Appeals of North Carolina.

January 19, 1999.

Attorney(s) appearing for the Case

Royster, Royster & Cross, LLP, by T.S. Royster, Jr., and Burnette & Wilkinson, by Michael P. Burnette, Oxford, for petitioner-appellee.

Edmundson & Burnette, by R. Gene Edmundson, J. Thomas Burnette, and James T. Duckworth, III, Oxford, for respondent-appellant.

LEWIS, Judge.

On 13 December 1990, Myrtle P. Wheeler executed a "Trust Deed," which she recorded the following day. The Trust Deed stated that in consideration of ten dollars, Myrtle Wheeler "hereby give[s], grant[s], bargain[s], sell[s] and convey[s] unto" Billy L. Wheeler, Trustee, "his successors and assigns, for the purposes and upon the limitations hereinafter specifically defined, a one-half undivided interest in" two parcels of land. The property is described...

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