George H. Morris, Jr. v. Kenneth Morris and Keith Morris
110 A.3d 1273
D.C.2015Background
- Virginia Morris died in 2006 owning a family home in D.C.; no original wills were produced. Copies of a 2003 will (leaving the home to George) and a 2004 will (giving the home to George and Kenneth) were offered but not originals.
- In 2003 Virginia and George executed a deed adding George as joint tenant with right of survivorship; in 2004 Virginia, George, and Kenneth executed a deed making the three joint tenants.
- In 2007 George alone signed and recorded a deed purporting to convey the family home to himself as sole owner.
- Kenneth and Keith sued George seeking rescission of the 2007 deed, enforcement of the 2004 deed, damages for conversion, and damages for fraud; the trial court treated Virginia as intestate, enforced the 2004 deed, awarded $32,000 for conversion, and $96,000 for fraud based on George’s recorded 2007 deed.
- On appeal George challenged the fraud finding and $96,000 damages; the appellate court reviewed whether plaintiffs reasonably relied on the false representation in the 2007 deed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiffs reasonably relied on the 2007 deed's representation that George was sole owner | Plaintiffs relied on recorded deeds and were harmed while trying to sort the estate | George argues plaintiffs never believed the 2007 deed was true and thus could not have relied on it | Reversed: plaintiffs failed to show reasonable reliance; fraud judgment vacated |
Key Cases Cited
- Virginia Acad. of Clinical Psychologists v. Group Hospitalization & Med. Servs., Inc., 878 A.2d 1226 (D.C. 2005) (elements of fraud require reliance on the misrepresentation)
- Shappirio v. Goldberg, 20 App. D.C. 185 (1902) (plaintiff must be ignorant of the falsity to reasonably rely)
- In re Estate of McKenney, 953 A.2d 336 (D.C. 2008) (reliance may be unreasonable when a statement is obviously false)
- Bloom v. Beam, 99 A.3d 263 (D.C. 2014) (distinguishing slander of title and its elements)
- Twyman v. Johnson, 655 A.2d 850 (D.C. 1995) (remand instructions after reversing a damages award)
- Western Energy, Inc. v. Georgia-Pacific Corp., 637 P.2d 223 (Or. Ct. App. 1981) (remand to amend judgment after reversing a damages award)