Stanley v. Whitmire, 29563

• Decision Date: 11 February 1975
• Docket Number: No. 29563,29563
• Citation: 212 S.E.2d 845,233 Ga. 675
• Parties: Norma Whitmire STANLEY v. Joe F. WHITMIRE et al.
• Court: Georgia Supreme Court

Page 845

212 S.E.2d 845

233 Ga. 675

Norma Whitmire STANLEY v. Joe F. WHITMIRE et al.

No. 29563.

Supreme Court of Georgia.

Feb. 11, 1975.

Robinson, Harben & Armstrong, Sam S. Harben, Jr., Gainesville, for appellant.

Perry S. Oliver, Gainesville, Rich, Bass, Kidd & Witcher, Casper Rich, Decatur, for appellees.

Syllabus Opinion by the Court

JORDAN, Justice.

Norma Whitmire Stanley appeals from a judgment denying her specific performance and other relief in her action against the executors of her father's estate. The case was submitted on an agreed statement of facts.

The will of Ferd Nelson Whitmire appointed his two sons, Joe F. Whitmire and John N. Whitmire, as executors. The testator's property was given equally to his children.

On November 12, 1973, the attorney representing the executors mailed a letter to each of the heirs, except the executors, which stated in part as follows: 'They (the executors) have concluded that the most equitable way to sell the estate's real property will be for each of the heirs at law of said deceased who may wish, to submit a written sealed bid on each of the three tracts of land belonging to said estate or if you desire to submit one such bid on all three tracts of land at one sum or price bid you may do so. The person or persons submitting the highest bid or bids either severally or collectively will be considered by the executors as purchasers of the real estate belonging to said estate.'

On November 30, 1973, the executors opened the bids, prepared a written compilation of the bids, and in the presence of all of the heirs who submitted bids, or their representatives, announced that the following bids constituted the highest bids submitted and would be considered as the purchasers of the property, tracts 1 and 2, Mrs. Norma Stanley, and tract 3, Mrs. Helda Daniel. The total of these bids was $75,503. The second highest bid was the of Mrs. Ruth Rogers and Ralph Rogers, which was $75,101 for all three tracts.

The agreed statement of facts stipulated that: 'Following the written compilation of said bids and the announcement of the high bids submitted, a discussion amount the executors, the attorney for the executors, and Ralph E. Rogers occurred concerning the possibility of either Mrs. Daniel or Mrs. Stanley 'withdrawing her bid' and whether or not Mrs. Ruth Rogers would be considered the highest bid in such event. The attorney for the executors stated his opinion that in such event Mrs. Rogers would have the highest bid submitted. It was further announced by the defendants (executors) to those present that it was the intention of the executors to close the sale and execute and deliver deeds to Mrs. Stanley and Mrs. Daniel simultaneously at a time and date to be decided by the attorney for the executors later when preparation of the necessary documents had been completed.'

On December 3, 1973, Mrs. Nelda W. Daniel and Grady R. Daniel wrote the executors that they were withdrawing their bid. On December 13, 1973, the executors notified Mrs. Stanley and Mrs. Ruth Rogers that it was their intention to convey the three tracts to Mrs. Ruth Rogers and Ralph Rogers for $75,101.

Thereafter Mrs. Stanley...