The Board of Trustees of the South Georgia Annual Conference of the United Methodist Church, Inc., Reverend Don L. Adams, and Reverend Tony Crosby collectively, “the UMC” filed a petition for declaratory judgment and an injunction against Harry Sirmans, Julian Haskins, Mabel Sirmans, Ricky Sirmans, Reavis Kyser, Randy Sirmans, Brian Sirmans, Imogene Haskins, Frank Drake, and Reverend David Akins collectively, “the Sirmans”, seeking control and use of the property of the Live Oak United Methodist Church in Atkinson County. The UMC filed a motion for summary judgment, which the trial court granted, and this appeal followed.1 The Sirmans allege in several enumerations of error that the trial court erred in granting summary judgment to the UMC. Finding no error, we affirm. To prevail on a motion for summary judgment, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts warrant judgment as a matter of law.2 We conduct a de novo review of the grant of a motion for summary judgment, viewing the evidence and all reasonable inferences drawn therefrom in a light favorable to the nonmovant.3
So viewed, the record demonstrates that in 1896, Elizabeth Corbett recorded a deed conveying the property at issue to nine individual grantees.4 The deed provided that: In consideration of the natural love and affection she has for her neighbors the said Elizabeth M. Corbett hereby gives, grants, and conveys to the said S. B. Pafford, S. L. Marion, Charles W. Corbett, John Haskin, George W. Hudsock, J. J. Richardson, E. M. Pafford, David Fincher, W. M. Pafford, and others their heirs and assigns and their successors and their heirs and assigns sic a parcel of land lying in said county . . . shown as the Live Oak School House Lot, said lot to be used for a school house and church house lot and graveyard . . . together with the rights and privileges thereto belonging forever in fee simple.5 In 1938, Waldo Henderson conveyed the property to “J. B. Herndon, Mrs. Martha Haskins, and their successors, as trustees of the Live Oak M. E.” The deed states that Henderson’s conveyance was made “in trust that said premises shall be used, kept, maintained and disposed of as a place of devine sic worship for the use of the ministry and membership of the Methodist Epispoeal sic Church South; subject to the discipline, usage, and Ministerial appointments of said Church. . . .”6 In 1998, The Langdale Company executed a deed conveying a tract of land, including the land described in the 1938 deed, to “The Trustees of Live Oak Church.” The purpose of this deed was to enlarge the cemetery adjoining Live Oak Church.
