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Davis v. Davis

North Carolina Court of Appeals
791 S.E.2d 714 (2016)


Facts

Dorothy Davis (Mrs. Davis) (defendant) owned a beach house. Mrs. Davis often rented the house out to vacationers. Mrs. Davis transferred a remainder interest in the property to her three children, Kaye, Melvin, and Rex (plaintiffs), reserving a life estate for herself. The deed stated that use of the property was personal to Mrs. Davis, effectively stating that Mrs. Davis could not rent the property to vacationers during her life estate. After the conveyance, Mrs. Davis signed a contract with a real-estate agency, planning to continue renting the property. Melvin and Rex sued Mrs. Davis, seeking to enjoin her from renting the property. The trial court granted Mrs. Davis summary judgment. Melvin and Rex appealed.

Rule of Law

Issue

Holding and Reasoning (Dillon, J.)

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