LYONS-HART v. Hart

HUNTER, Robert C., Judge.

Benjamin Perry Hart (“respondent”) appeals from the trial court’s 30 September 2008 order in which it ordered the sale of a parcel of land owned by respondent and his brother, Jimmy Littleton Lyons-Hart (“petitioner”), as tenants in common. After careful review, we reverse the trial court’s order and remand with instructions for the trial court to enter an order denying petitioner’s Petition for Partition by sale.

Background

On 6 April 1996, Jimmy L. Hart died testate, leaving a parcel of land located on Ocrakoke Island, North Carolina to petitioner and respondent as…