Ryman v. Kennedy

• Citation: 80 S.E. 551,141 Ga. 75
• Parties: RYMAN v. KENNEDY ET AL.
• Decision Date: 09 December 1913
• Court: Georgia Supreme Court

80 S.E. 551

141 Ga. 75

RYMAN v. KENNEDY ET AL.

Supreme Court of Georgia

December 9, 1913

Syllabus by the Court.

It was error to dismiss the petition on demurrer.

Error from Superior Court, Ben Hill County; W. F. George, Judge.

Action by Lula M. Ryman against L. Kennedy and others. The petition was dismissed on demurrer, and plaintiff brings error. Reversed.

E. W Ryman was a practicing lawyer residing in Fitzgerald, Ga., at the time of his death. He left a will, by the fifth item of which he bequeathed to his wife, Lula B. Ryman, several specified properties and also his "law business." By the sixth item the testator bequeathed to his daughter Lula M. Ryman, all of his "office furniture, fixtures and furnishings, including typewriter" now in his office; also, $3,000 to be paid out of his life insurance, to include such part of his insurance as may be payable directly to her. The ninth and tenth items directed that the money bequeathed to the daughter, Lula M. Ryman, be held by the executor and loaned on real estate security, at a designated rate of interest, for a period of from five to ten years in the discretion of the executor, and that the interest only should be paid to the daughter so long as the money should be loaned. Shortly after the death of the testator, and several months after the daughter attained majority, the widow proposed to sell to the daughter the "law business" except the fees earned by the testator before his death, and which were then due to his estate. A written contract was entered into between them, whereby the widow agreed to sell to the daughter the "law business" of the testator "consisting of: First, various claims placed in the hands of said E. W. Ryman for collection and now in the law office formerly occupied by said E. W. Ryman; second, the various causes now pending in the court of this state in which the said E. W. Ryman was representing as attorney one or the other parties so represented by said E. W. Ryman, who have not, since his death, employed another attorney or attorneys to represent them in such causes; third, the good will of such business. It is expressly understood and agreed that this conveyance carries with it all of the present interest of the party of the first part in said business as beneficiary under said will; but does not embrace or include any fees which have been earned, but not collected, by the said E. W. Ryman prior to his death, nor any choses in action of any kind held by or belonging to said E. W. Ryman in connection with his said business at...