Treadwell v. Treadwell
| Decision Date | 28 June 1960 |
| Docket Number | 20907,20906,Nos. 20895,20896,s. 20895 |
| Citation | 216 Ga. 156,115 S.E.2d 535 |
| Parties | Hardy Wilson TREADWELL v. George Hardy TREADWELL. George Hardy TREADWELL v. Hardy Wilson TREADWELL et al. Thomas A. KEMP v. George Hardy TREADWELL. George Hardy TREADWELL v. Thomas A. KEMP, Ex'r, et al. |
| Court | Georgia Supreme Court |
Syllabus by the Court
A party seeking specific performance of an alleged oral agreement to devise land in consideration of the performance of ordinary personal services, must show the value of the land and the value of the services, in order that a court of equity may determine whether or not the contract is fair, just, and equitable; and a petition which fails to allege such values is subject to dismissal on general demurrer.
George Hardy Treadwell filed a petition against Thomas A. Kemp, Jr., as executor of the will of Lucie Garland Thurman, and Hardy Wilson Treadwell. The petition alleged: The plaintiff is a nephew of Lucie Garland Thurman, deceased, and they were endeared to each other, she having cared for him a number of years during his childhood after his mother died. In September, 1948, Mrs. Thurman owned described property upon which a large house and a small tenant house were located. At that time Mrs. Thurman, a widow, was living alone on the property, and she was approximately 75 years of age. The plaintiff and his wife were residents of Richland, Washington, where the plaintiff was employed with the Federal Bureau of Investigation. In performance of this contract, Mrs. Thurman, on October 5, 1948, executed a will devising this property to the plaintiff. In performance of his agreement, the plaintiff requested a transfer in his employment from the State of Washington to the area of Mrs. Thurman's home, and this transfer was granted on January 16, 1949. He immediately moved his family to the area and began remodeling and enlarging the little house, making named improvements at his own expense. After this work was completed, he and his wife made their home in the little house, adjacent to the home of Mrs. Thurman. While Mrs. Thurman was living in the large house, they visited with her several tmes a day, made trips for her to the grocery store, laundry, and other places, carried her in their automobile wherever she wished to go, and prepared at least one meal for her each day. After the death of Mrs. Thurman's sister in May, 1951, Mrs. Thurman moved into the house with them, and thereafter they bought all of her food, prepared her meals, and waited on and served her every need. The plaintiff and his wife lived on the described property of Mrs. Thurman the remainder of her lifetime, and paid the expense of upkeep of the grounds, taxes, and insurance. With increasing age Mrs. Thurman needed specialized medical attention that could not be furnished at her home. Her impaired mental condition was evidenced by enumerated acts. By June 26, 1952, her mental condition had deteriorated to such an extent that the plaintiff 'put the matter in the hands of the Court of Ordinary of Fulton County by filing a petition asking that the court appoint a guardian for her.' Pending the hearing she was placed in the psychiatric ward at Grady Hospital, and while thus confined she singed what purported to be a second will, wherein the property described was devised to a different nephew, the defendant Hardy Wilson Treadwell, and the defendant Thomas A. Kemp, Jr., was appointed as executor. On July 3, 1952, the court found Mrs. Thurman to be a person of unsound mind and appointed the County Administrator as her guardian. The County Administrator, with the court's approval, placed Mrs. Thurman in a private institution where she was under continuous supervision and obtained specialized medical attention. She remained in such private institutions until her death on June 14, 1958. 'At all times herein mentioned the plaintiff has truly and faithfully performed his part of said contract.' The property is now in the custody and control of the defendants. Thomas A. Kemp, Jr., has probated in solemn form the will dated July 1, 1952, and as executor has failed and refused to convey the described property to the plaintiff in compliance with the contract the plaintiff had with Mrs. Thurman. The property described constitutes the greater part of her estate, and unless the defendants are enjoined from transferring, conveying, or otherwise encumbering this property, the plaintiff will suffer irreparable damage. The prayers were: for process; that the defendants be required to specifically perform the contract alleged and title to the property be decreed to be in the plaintiff; that until further order of the court the defendants be restrained from transferring, conveying, or in any manner encumbering the property or cutting the timber therefrom; and for further relief.
A temporary restraining order was granted. The defendants filed separate general and special demurrers to the petition, and separate answers. The plaintiff filed demurrers to the answers of the defendants. The trial judge overruled the general and special demurrers of both defendants. Some of the grounds of demurrer of the plaintiff to the answers of the defendants were sustained, and some were overruled.
The defendants filed separate bills of exceptions. The bill of exceptions of the defendant Hardy Wilson Treadwell...
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