McRorie v. Creswell

The controversy between the parties to this action involves the interpretation of the will of George M. Misenheimer (testator). The pleadings raise no issue of fact on any material proposition. Thus, the rights of the parties must be determined as a matter of law on the undisputed facts contained therein. Phillips v. Gilbert, 248 N.C. 183, 102 S.E. 2d 771. It follows, therefore, that the trial court was empowered to render its judgment upon the pleadings. 3 Strong, N. C. Index, Pleadings § 30 (I960).

The trial court based its decision upon the following rationale: Testator devised to Rosanna…