Roper v. Edwards

HEDRICK, Chief Judge.

Plaintiffs sole question on appeal is “did the trial court commit reversible error by granting defendant’s motion for summary judgment and by denying plaintiff’s motion for summary judgment?” Both plaintiff and defendants agree summary judgment was appropriate pursuant to G.S. 1A-1, Rule 56(c), because there is no genuine issue as to any material fact. Plaintiff contends, however, the summary judgment should have been in her favor.

In this case, the grantor of real property attempted to retain a testamentary power of appointment. When Myrtle conveyed the tract of land to…