Cameron v. Bissette

661 S.E.2d 32, 190 N.C. App. 614, 2008 N.C. App. LEXIS 1017
CourtCourt of Appeals of North Carolina
DecidedMay 20, 2008
DocketNo. COA07-408.
StatusPublished
Cited by1 cases

This text of 661 S.E.2d 32 (Cameron v. Bissette) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cameron v. Bissette, 661 S.E.2d 32, 190 N.C. App. 614, 2008 N.C. App. LEXIS 1017 (N.C. Ct. App. 2008).

Opinion

GEER, Judge.

Plaintiffs - the heirs and representatives of heirs of the Estate of Harold Edwards - appeal from the trial court's order granting summary judgment to defendants, who are the trustees, heirs, and beneficiaries of the Estate of Z. Royce Bissette. Frank Edwards, Harold's adoptive father, died testate on 1 March 1958, leaving a holographic will stating in its entirety:

March the 28, 1951

this is my Will to say this Land is will [sic] to Harold Edwards His Life Time [sic], and then to his children, and it remand [sic] in the Harold Edwards Family

/s/ Frank Edwards

This appeal hinges on the meaning of the phrase "this Land." Because plaintiffs have presented no evidence that might identify to what property Frank Edwards was referring at the time he wrote his will, the trial court properly entered summary judgment in defendants' favor.

Facts

On 2 April 1958, Frank Edwards' will was probated as his "last will and testament" by the Clerk of the Superior Court for Wilson County. At the time of Frank's death, he owned two parcels of property in Wilson County ("the Wilson County property"). Pinkie Edwards, Frank's wife and Harold Edwards' adoptive mother, died intestate sometime in 1974, leaving Harold as her only heir.

*34On 5 March 1987, a deed was recorded in Wilson County, conveying the Wilson County property from Harold Edwards to Royce Bissette. Harold died intestate on 1 September 2000. Royce Bissette died testate on 18 December 2001, leaving the Wilson County property to defendants.

On 9 February 2006, plaintiffs initiated this action, seeking a declaration that they, as Harold's children, are the legal owners of the Wilson County property as a result of Frank's holographic will. Defendants moved to dismiss plaintiffs' action pursuant to Rule 12(b)(6), (7), and 12(c) of the Rules of Civil Procedure. Defendants also moved for summary judgment, asserting that they were entitled to judgment as a matter of law (1) under the statute of limitations, the Rule in Shelley's case, and the Rule Against Perpetuities, and (2) because the will was void for indefiniteness and ambiguity. The trial court entered an order on 11 December 2006 granting summary judgment to defendants based on its determination that "the language contained in the March 28, 1951 holographic Will did not identify the `land' with definitiveness [sic] and certainty for the purpose of locating and distinguishing it from other real property." Plaintiffs timely appealed to this Court.

Discussion

As an initial matter, we address plaintiffs' contention that the trial court was required by Rule 52(a) to make findings of fact in support of its summary judgment order. As we pointed out to the contrary, in Weaver v. O'Neal, 151 N.C.App. 556, 558, 566 S.E.2d 146, 147 (2002) (quoting White v. Town of Emerald Isle, 82 N.C.App. 392, 398, 346 S.E.2d 176, 179, disc. review denied, 318 N.C. 511, 349 S.E.2d 874 (1986)), "`[a] trial judge is not required to make finding[s] of fact and conclusions of law in determining a motion for summary judgment, and if he does make some, they are disregarded on appeal.'" Rule 52(a)(2) does not apply to a decision on a summary judgment motion "`because, if findings of fact are necessary to resolve an issue, summary judgment is improper.'" Summey Outdoor Adver., Inc. v. County of Henderson, 96 N.C.App. 533, 537, 386 S.E.2d 439, 442 (1989) (quoting White, 82 N.C.App. at 398, 346 S.E.2d at 179), disc. review denied, 326 N.C. 486, 392 S.E.2d 101 (1990).

Plaintiffs next argue that existing issues of material fact should have precluded the trial court from granting summary judgment. "On appeal of a trial court's allowance of a motion for summary judgment, we consider whether, on the basis of materials supplied to the trial court, there was a genuine issue of material fact and whether the moving party is entitled to judgment as a matter of law. Evidence presented by the parties is viewed in the light most favorable to the non-movant." Summey v. Barker, 357 N.C. 492, 496, 586 S.E.2d 247, 249 (2003); N.C.R. Civ. P. 56(c). An appellate court reviews de novo a trial court's order granting summary judgment. Robins v. Town of Hillsborough, 361 N.C. 193, 196, 639 S.E.2d 421, 423 (2007).

The trial court ruled that Frank Edwards' holographic will was legally ineffective to devise any interest in the Wilson County property to Harold Edwards. The facts underlying this legal determination are not in dispute. The parties simply disagree as to the legal effect of Frank Edwards' holographic will and the legal effect of Harold Edwards' conveyance to Royce Bissette. The lawsuit thus presented a proper case for resolution on a motion for summary judgment. See King v. Cranford, Whitaker & Dickens, 96 N.C.App. 245, 247, 385 S.E.2d 357

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Related

Cameron v. Bissette
666 S.E.2d 118 (Supreme Court of North Carolina, 2008)

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Bluebook (online)
661 S.E.2d 32, 190 N.C. App. 614, 2008 N.C. App. LEXIS 1017, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cameron-v-bissette-ncctapp-2008.