Whitt v. Whitt

MORRIS, Judge.

The sole issue for consideration in this case is whether the trial court erred when it concluded as a matter of law that the provision in the deed of separation, which required defendant to convey the property to plaintiff, was not executory and, therefore, was not voided by the subsequent reconciliation of the parties.

The general rule in North Carolina concerning the effect of a reconciliation upon the terms of a separation agreement was set forth in Jones v. Lewis, 243 N.C. 259, 261, 90 S.E. 2d 547, 549 (1955):

“It is well established in this jurisdiction that where a husband…