Davis v. Davis
North Carolina Court of Appeals
791 S.E.2d 714 (2016)
Relevant factsFree
Mrs. Davis (defendant) conveyed a remainder interest in her beach house to her children (plaintiffs) while reserving a life estate for herself, with the deed specifying that use of the property was personal to her, effectively barring her from renting it to vacationers during her life estate; after signing a new rental contract anyway, two of her children sued to enjoin her from renting, and the trial court granted Mrs. Davis summary judgment, prompting the children's appeal.
IssueFree
Whether an unlimited restraint on alienation of property is per se invalid.