Ford v. Reddick
319 Ga. App. 482
Ga. Ct. App.2012Background
- Kaiser Ford appeals the grant of summary judgment to La’Rhonda Reddick, the executor of Ruby Gloster’s estate, in an action to set aside two warranty deeds.
- The trial court held the deeds invalid because they conveyed property to a trust rather than to a trustee.
- Gloster executed a power of attorney appointing Ford as her attorney in fact, and Ford executed the deeds to Morison Outreach, a Trust.
- After Gloster’s death, the trial court substituted her executor and then granted summary judgment to the executor; Ford appeals.
- The court addressed standing of Andrews and Morison Outreach; only Ford is a proper appellant, and Andrews lacks standing to appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do the deeds fail to convey to a trustee, rendering them invalid? | Gloster argues the deeds convey to Morison Outreach, a Trust. | Ford contends Morison Outreach is a trust, but the deed must designate a trustee as grantee to convey title. | Yes; deeds invalid for conveyance to a trust rather than to a trustee. |
| Was Andrews’ and Morison Outreach’s appeal proper given standing? | (Not asserted separately in the record; focus on Ford’s appeal.) | Andrews lacked standing to appeal; Morison Outreach not a party. | Only Ford proper appellant; Andrews and Morison Outreach not addressed on the appeal. |
Key Cases Cited
- Second Refuge Church of Our Lord Jesus Christ v. Lollar, 282 Ga. 721 (Ga. 2007) (de novo review of deed construction; establishes standard of review for deeds)
- Cox v. Pearson, 212 Ga. 294 (Ga. 1956) (a deed that does not designate a grantee conveys no title)
- Degussa Wall Systems v. Sharp, 286 Ga. App. 349 (Ga. App. 2007) (standing and appellate party analysis in Georgia)