On 16 January 1996 defendants filed a motion to dismiss pursuant to N.C.R. Civ. On 8 March 1996 Judge Melzer A. Morgan, Jr. of the Guilford County Superior Court denied defendants' motion. On 29 March 1996 defendants filed a motion for judgment on the pleadings pursuant to N.C.R. Civ. On 1 April 1996 plaintiffs filed a cross-motion for judgment on the pleadings. On 3 June 1996 Judge Julius A. Rousseau converted the motions to motions for summary judgment and denied defendants' motion for summary judgment while partially granting plaintiffs' motion for summary judgment.
Defendants appeal and plaintiffs cross-appeal.
Plaintiffs argue that defendants' failure to verify their answer and motion for judgment on the pleadings is fatal to their appeal. However, plaintiffs failed to raise any objection at trial to the absence of verification and failed to assign error in the record on appeal. Accordingly, this issue is not properly preserved for appellate review. However, plaintiffs bring forward no argument or authority in their briefs in support of this assignment of error. The first issue before us is whether the plaintiffs were beneficiaries under the trust agreement at the time they filed their complaint.