Early v. Bowen

MARTIN, Judge.

Summary judgment is appropriate in a declaratory judgment action where there is no genuine issue of material fact and a party is entitled to judgment as a matter of law. N. C. Association of ABC Boards v. Hunt, 76 N.C. App. 290, 332 S.E.2d 693, disc. review denied, 314 N.C. 667, 336 S.E.2d 400 (1985). There are no disputes as to the facts of this case; only questions of law are presented. Those questions involve the applicability of G.S. § 31-42(a), North Carolina’s anti-lapse statute, to Items Three and Four of Testator’s Will and the resulting distribution of his estate.

Plainti…