Britt v. Upchurch

396 S.E.2d 318 (1990)

From our private database of 46,100+ case briefs, written and edited by humans—never with AI.

Britt v. Upchurch

Supreme Court of North Carolina
396 S.E.2d 318 (1990)

  • Written by Mary Pfotenhauer, JD

Facts

Mr. Hartman owned two adjoining parcels of land, lots 36 and 37. Lot 37 was identified as vacant in the tax records, and lot 36 was identified as 2615 Cooleemee Street. Mr. Hartman’s will provided that his “residence at 2615 Cooleemee Street” should go to Mrs. Hartman for use during her lifetime, with the remainder interest going to Mr. Hartman’s daughter Blanche Britt (“Britt”) after Mrs. Hartman’s death. The residue of Mr. Hartman’s estate was to go to Mrs. Hartman. Mr. Hartman predeceased Mrs. Hartman. Mrs. Hartman’s will gave all of her assets to her daughter, Yvonne Upchurch (“Upchurch”). After Mrs. Hartman’s death, Upchurch attempted to sell lot 37. Britt (plaintiff) brought suit against Upchurch (defendant) to clear the title to lot 37. Britt introduced evidence to show that Mr. Hartman used both lots 36 and 37 as his residence. Upchurch attempted to submit an affidavit from Mr. Adams, the attorney who drafted Mr. Hartman’s will, stating that Mr. Hartman did not intend the vacant lot 37 to be included as part of the residence under his will. The trial court held that it could not consider Mr. Adams’ affidavit, and entered summary judgment in favor of Britt. Upchurch appealed. The court of appeals held that Mr. Adams’ affidavit was admissible, and reversed the trial court’s grant of summary judgment.

Rule of Law

Issue

Holding and Reasoning (Frye, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 747,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 747,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,100 briefs, keyed to 987 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 747,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,100 briefs - keyed to 987 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership