Clements v. Weaver

Any error in allowing in parol evidence that contradicted the terms of a quitclaim deed was harmless, because other evidence was presented that showed reaffirmation of an oral contract to make a will, contrary to the terms of the quitclaim deed.

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This case arises out of a dispute over whether the decedent, Vivian Weaver Waits, entered into an oral contract to make a will leaving her son, Edward Gerald Weaver, the family farm. Following the decedent’s death in 2004, Jolene Clements, the executrix of the decedent’s estate, sued Weaver in order to obtain a declaration that there was no valid contract between the decedent and Weaver that took precedence over the terms of the will. Weaver counterclaimed and prayed for specific performance of the contract. Following a jury verdict in Weaver’s favor, the trial court entered a judgment vesting fee simple title to the family farm in Weaver. Clements now appeals, arguing that there was insufficient evidence to support enforcement of the oral contract to make a will, and that the trial court erred in denying her motion in limine seeking to exclude parol testimony that allegedly varied the terms of a quitclaim deed executed in 1983. For the reasons discussed below, we find no reversible error. Following a jury trial, we view the evidence in the light most favorable to the verdict. Dept. of Transp. v. Hardin-Sunbelt , 266 Ga. App. 139, 140 596 SE2d 397 2004. So viewed, the evidence showed that the Weaver family lived on a farm of approximately 160 acres located in Gordon County. The property included a farmhouse, a barn, and other outbuildings.

In the early 1970′s, Weaver’s father was in declining health and was struggling financially to continue operating the family farm. In 1972, Weaver’s father borrowed $37,000 from the Federal Land Bank to refinance the existing debt and to construct a chicken house on the property. Weaver took charge of running the chicken house in addition to all of the other farming operations, and in 1973, he began making all of the payments on the Federal Land Bank loan.

Clements v. Weaver

Any error in allowing in parol evidence that contradicted the terms of a quitclaim deed was harmless, because other evidence was presented that showed reaffirmation of an oral contract to make a will, contrary to the terms of the quitclaim deed.

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