Beckworth v. Beckworth
| Decision Date | 27 November 1985 |
| Docket Number | No. 42649,42649 |
| Citation | 255 Ga. 241,336 S.E.2d 782 |
| Parties | BECKWORTH v. BECKWORTH et al. |
| Court | Georgia Supreme Court |
Richard D. Phillips, Phillips & Bacon, Ludowici, for Mildred beckworth.
T. Peyton Miles, Baxley, for Ernest Beckworth et al.
Heirs of Charles Beckworth brought a specific performance action against Beckworth's widow to enforce a settlement agreement distributing his estate. A jury found for the heirs, and the widow now appeals. We affirm the trial court's decree.
Charles and Mildred Beckworth had been married for 16 years when he died on August 14, 1978. Charles was survived by three children from a prior marriage: Ernest Beckworth, Merle Medders and Bessie Yawn. One other son from the prior marriage had died, leaving two children: Selene and Mark Beckworth. Mark, who was 17 at the time the disputed settlement agreement was made, was the only minor among the heirs.
On September 1, 1978, all of the heirs except Mark met in a lawyer's office for a reading of Charles' will. The document provided that Mildred receive in fee simple "one-half of all real property owned by me at the time of my death, the one-half of said property which goes to her shall include the portion of said property upon which the dwelling house in which I now live is located." The remaining one-half was to be divided in four parts, with each of Charles' three children receiving one part and Selene and Mark dividing one part.
The heirs were very upset about the will. They agreed with Mildred to meet at Bessie Yawn's house to see if they could agree upon another disposition. The heirs told Mildred they intended to contest the will on the ground that Charles was incompetent when he executed it. After more discussion, all of those present, including Mildred, reached an agreement whereby Mildred and each of Charles' surviving children would receive a one-fifth share of the property, while Mark and Selene would each receive a one-tenth share. Mildred claims the heirs told her the language of the will meant that unless they agreed to the will then Mildred would receive nothing at all, thus prompting her agreement by misrepresentations and fraud.
That same afternoon, all of the heirs present and Mildred agreed that they would rather sell their shares in the property to Ernest than to manage it jointly or split it among themselves. So the group returned to the lawyer's office and executed several option contracts. Under the options, Ernest had until January 10, 1979 to tender $23,800 to each party holding a one-fifth share. Selene was to receive $11,900 according to her option. Mark, who was not present, did not execute a written option. The wording of each option was the same, except that Mildred's agreement also stated she would have the right to occupy the dwelling house and the use of an additional one-and-one-half acres for garden purposes, the location of which was to be agreed upon when the option was exercised.
Two days later, Mildred retained a lawyer, but she did not tell Ernest or the other heirs of her intentions to withdraw until after the will was probated.
On November 17, 1978, Ernest tendered a cashier's check for $23,799 to Mildred. She refused the check. Ernest tendered the same amount to Mildred again on January 3, 1979, and again she refused. After the second rejection, and on the same day, Ernest tendered $23,800 to the Clerk of the Superior Court of Appling County and filed suit for specific performance. Later the other heirs joined the suit as plaintiffs.
At trial, a jury returned a special verdict answering certain questions. The jury found that there was an oral agreement between the parties as to the division of land freely and voluntarily entered into by Mildred. The jury found no misrepresentation behind the agreement. The jury also found that the heirs were entitled to have the option contract between Mildred and Ernest specifically performed. The judge entered a decree ordering specific performance. The judge also denied Mildred's motions for directed verdict and new trial.
1. Mildred contends that the settlement agreement is void because it violates the law and public policy of the state. She claims such an agreement thwarts the testator's expectation that the terms of a will should be inviolate after death unless there is a valid legal basis for disregarding the will. Further, she argues that any settlement must comply with the statutory requirements prescribed by OCGA § 53-3-22 before being valid.
(a) "It is well settled that agreements among the heirs at law to distribute or divide property devised under a will, in lieu of that manner provided by the will, are valid and enforceable." West v. Downer, 218 Ga. 235, 241, 127 S.E.2d 359 (1962). Such agreements have as their consideration the termination of family controversies. Id. The agreements are supported by the public policy of furthering family harmony and avoiding lengthy litigation. See 42 A.L.R.2d 1312 (1955). The agreements are in essence solely contractual and governed by the rules applicable to all contracts. West, supra.
(b) The agreement in question here is not invalid because the parties failed to follow statutory procedure provided in OCGA § 53-3-22. That section provides a method of judicial approval for agreements of contested cases involving devisavit vel non (will or no will) which reach superior courts on appeal. The effect of a decree entered by a superior court approving a family agreement is to bind the parties and stand as res judicata to subsequent litigation. See 29 A.L.R.3d 8, 119 (1970). Where all the parties interested in the estate of a testator as heirs or beneficiaries under the will are legally competent to contract, they may settle controversies by agreement and need not seek the approval of the court under the statute. Id. at 125.
(c) Mrs. Beckworth also claims that the agreement is invalid because the executor was not a party to the agreement. She bases this claim again on § 53-3-22, which requires all parties to join in any settlement. Since we find that § 53-3-22 is not applicable to this situation, we need not reach Mrs. Beckworth's claim that an executor is a necessary party as contemplated by the terms of the statute.
(d) Mrs. Beckworth contends the heirs are estopped from raising issues regarding the distribution of Charles' estate because the matter became res judicata after entry of the November 17, 1978 judgment admitting the will to probate. Mrs. Beckworth relies on West v. Downer, supra, for the proposition that parties who have not challenged their acknowledgements of service and agreement to probate are bound and estopped to challenge the judgment.
In West v. Downer, the parties executed a settlement agreement before probate of a disputed will, and then did not contest the will. The West court did hold that where a will has been probated and admitted to record, all the heirs who are sui juris and parties to the contract are estopped to deny the will's validity or probate. But the plaintiffs in West had pled for the trial court to set aside the judgment probating the will or in the alternative to grant specific performance of the agreement. After considering the motion to set aside the judgment, the West court went on to consider whether specific performance could be granted. The court held that settlement agreements among heirs are valid if they comply with the rules applicable to contracts. The agreement in West was then held invalid because it lacked mutuality.
In the Beckworth heirs' complaint, they seek only to enforce the contractual agreement, and not to set aside the judgment of the probate court, which West demonstrates they have no right to do. Under the analytical logic of West, it remains for this court to examine the Beckworth agreement to see if it complies with the law regarding contract formation. See also Craig v. McGee, 230 Ga. 553, 557, 198 S.E.2d 165 (1973), where the court affirmed the validity of a settlement agreement executed several decades after the death of the testator of the disputed will.
2. (a) Mildred claims the trial court erred in failing to grant her motion for new trial because there was never any meeting of the minds between her stepgrandson, Mark, and herself. She contends that pursuant to OCGA § 13-3-2 the agreement was incomplete and she had the right to withdraw until all the heirs, including Mark, had agreed. Thus, she argues by the time Mark had a chance to become acquainted with the agreement and make a decision, she had already withdrawn.
However, the evidence shows that at the time the agreement was signed, Mark's sister was acting in his behalf, and in essence serving his agent. There is no evidence that Mildred or any of the other heirs entered the contract understanding that it would not be binding until Mark agreed.
The relationship of principal and agent arises whenever one person expressly or by implication authorizes another to act for him or subsequently ratifies the acts of another in his behalf. OCGA § 10-6-1. The institution of a suit by a principal in his own name is a ratification of an agent's unauthorized act. Travelers Insurance Co. v. Ansley, 111 Ga.App. 784, 143 S.E.2d 422 (1965); Restatement 2d on Agency, § 67 (1984). Thus, the trial court acted properly in finding that Mark ratified the contract, as well as the agency relationship, when he joined the suit as a plaintiff. It follows that the trial judge did not err in refusing Mrs. Beckworth's requested charge setting forth the right of a party to withdraw from a proposal at any time prior to the agreement of all the parties under OCGA § 13-3-2.
(b) Nor did the trial judge err in charging that if a beneficiary under a...
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