Roper v. Edwards

373 S.E.2d 423 (N.C. 1988)

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Nature of the Case

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Facts

A civil settlement was made between parties that resolved a dispute over 136 acres of land. Myrtle Edwards was allowed under that settlement to make a conveyance of a one-acre tract in her will but that one-acre tract was not to be sold or otherwise encumbered by D at any time prior to her death. D were then to make conveyance of that one-acre tract according to Myrtle's will, and if it was not addressed in her will, the land would be D’s. Myrtle then executed a will devising the one-acre tract to her granddaughter, P. Myrtle died, and D refused to grant the land to P. P sued. The trial court ruled that the alienation on the fee simple was void. The issue was whether there was a constructive trust to convey the land.