Legal Opinion

Morris v. PLYLER PAPER STOCK CO., INC.

Court of Appeals of North Carolina

Decided April 5, 1988No. 8726SC911PublishedCited by 23 opinions

1Opinion of the Court

COZORT, Judge.

Plaintiffs filed this declaratory judgment action seeking a declaration of their rights under a lease with defendant. From the trial court’s order granting defendant’s motion to dismiss, plaintiffs appeal. We reverse.

Harvey Morris died on 15 August 1982. In his will he devised a thirteen-acre tract of land in fee simple to his wife and three children. His will directed that:

[N]one of said developed real estate be sold for a period of five years from the date of my death. ... I direct that during said five-year period my son, Harold Morris, shall manage said property, make…

2Cases cited5 opinions

  1. Stanback v. StanbackSupreme Court of North Carolina · 1979
  2. North Carolina Consumers Power, Inc. v. Duke Power Co.Supreme Court of North Carolina · 1974
  3. Johnson v. BollingerCourt of Appeals of North Carolina · 1987
  4. Johnson v. BollingerCourt of Appeals of North Carolina · 1987
  5. McKinney Drilling Co. v. Nello L. Teer Co.Court of Appeals of North Carolina · 1978

3Cited by23 opinions

  1. Fuller v. EasleyCourt of Appeals of North Carolina · 2001
  2. Leandro v. StateCourt of Appeals of North Carolina · 1996
  3. Chapel H.O.M. Associates, LLC v. RME Management, LLCCourt of Appeals of North Carolina · 2017
  4. Perry v. Carolina Builders Corp.Court of Appeals of North Carolina · 1997
  5. Bennett v. BennettNorth Carolina Business Court · 2019

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