Morris v. Stillwell

• Court: Georgia Supreme Court
• Writing for the Court: CLARKE
• Citation: Morris v. Stillwell, 354 S.E.2d 133, 257 Ga. 3 (Ga. 1987)
• Decision Date: 08 April 1987
• Docket Number: No. 43931,43931
• Parties: MORRIS v. STILLWELL.

Page 133

354 S.E.2d 133

257 Ga. 3

MORRIS v. STILLWELL.

No. 43931.

Supreme Court of Georgia.

April 8, 1987.

David E. Allman, Allman & Lanner, P.C., Atlanta, for Arthur J. morris.

Gibson Dean II, Buford, Henry L. Bowden, Jr., King & Spalding, Atlanta, for Jane A. Stillwell, extrx., et al.

CLARKE, Presiding Justice.

Morris brought this action for specific performance to enforce a real estate contract he entered into with John Stillwell in 1983. John Stillwell was the executor and life tenant under the will of his deceased wife, Johnnie Stillwell, and it was in that capacity that he entered into the contract to sell the land in question. Stephen Weyl, the son of Johnnie Stillwell from a former marriage, intervened in the specific performance suit to oppose the consummation of the sale. The trial court granted summary judgment to Weyl, and now Mr. Morris appeals. We reverse.

John and Johnnie Stillwell were married and each owned an undivided one-half interest in the home. An adjoining tract of approximately eight acres was titled solely in the name of Johnnie Stillwell.

Johnnie Stillwell's will provided that her husband would have a life estate in her one-half interest in the home and in the adjoining eight acres with the remainder in fee to her son Stephen Weyl. The will further provides that her husband as life tenant "shall also have the power to sell such homeplace and adjoining realty, at his sole discretion, and the proceeds for my 50% shall be turned over to my son, Steve Weyl."

Johnnie Stillwell died and her husband John remarried. John then entered into this real estate contract to sell the homeplace and adjoining land to Mr. Morris pursuant to the discretion given him under the will.

Stephen Weyl filed a declaratory judgment action in Gwinnett County against John Stillwell seeking a ruling that the will did not give him the power to sell the real estate. John Stillwell died prior to the closing on the contract, and prior to the resolution of the declaratory judgment action.

Morris then filed this specific performance action against the executrix under John Stillwell's will, Jane Stillwell. Weyl intervened without objection by either party, seeking to set the contract aside in this action. The Gwinnett County action was apparently abandoned. Morris and Weyl filed cross-motions for summary judgment and the trial court granted judgment to Weyl. On appeal, the executrix states that she has no interest in the outcome other than resolution of the issues.

Morris contends that under the will of Johnnie Stillwell, John Stillwell personally was given a life estate and the discretion to sell all of the realty involved. He further contends that once this conclusion is made, Weyl has no further standing to challenge the legal sufficiency of the contract. Morris also takes the position that if the contract is examined, all of the essential terms are clear and the court erred in failing to enforce the contract. Weyl contends that Morris has waived any objection to his standing by allowing him to intervene. He further contends that the...