Amerson v. Lancaster

WALKER, Judge.

Summary judgment is proper only when there is no genuine issue of material fact and one party is therefore entitled to judgment as a matter of law. Frye v. Arrington, 58 N.C.App. 180, 292 S.E.2d 772 (1982). In the present case since the parties agreed on the facts, the controversy centers upon the construction to be given the reservation in the 1965 deed, whereby the life tenants retained the right to convey “certain lots which may from time to time be designated by them.”

In asserting the reservation gave the life tenant the right to convey certain lots, defendants assign as…