In the Matter of Will of Edgerton

ARNOLD, Judge.

The essence of this appeal is whether it was proper to grant summary judgment dismissing the caveat. Summary judgment is proper where “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to judgment as a matter of law.” G.S. 1A-1, Rule 56.

Propounders maintain that caveator executed a renunciation and release to any interest in decedent’s estate, and, pursuant to G.S. 31-32, caveator no longer has standing to file a caveat.…