Carmichael v. Lively

McCullough, Judge.

Respondent David Lively appeals from an award of summary judgment in favor of petitioner Charles R. Carmichael. After careful and thoughtful review, we affirm the order of the trial court.

I. Background

The evidence in the record indicates that on 28 May 2004, Edna Frank Ward Lively’s (“Edna Lively”) Last Will and Testament was probated in Mecklenburg County Superior Court. Edna Lively’s Last Will and Testament devised her home, located at 1446 Townes Road, Charlotte, North Carolina (“Townes Road Property”) equally to her daughter Katherine Carmichael and her step-grandson,…