In Re ESTATE OF EMMETT TAYLOR BOYD
340 Ga. App. 744
| Ga. Ct. App. | 2017Background
- Emmett and Betty Boyd married in 1987; after a separation and reconciliation they executed a post-nuptial agreement in 2002 negotiated with independent counsel and with schedules of assets attached.
- Paragraph 3 of the Agreement provided that, if Emmett died while married, Betty would receive Emmett’s one-half interest in the marital residence and its furnishings.
- Paragraph 7 provided that if either spouse moved out or filed a divorce action, each would receive one-half of items on Exhibit D as a full settlement of claims for alimony, support, or property division, and each would release further claims against the other.
- In April–May 2015 Emmett signed and had a verified divorce complaint filed with the Camden County Superior Court; he died a few hours after the clerk stamped the filing.
- Betty filed for a year’s support from Emmett’s estate; Charlie (Emmett’s son) filed a caveat asserting the Agreement barred Betty’s Petition. The superior court granted summary judgment to Charlie, holding Paragraph 7 applied.
Issues
| Issue | Plaintiff's Argument (Betty) | Defendant's Argument (Charlie) | Held |
|---|---|---|---|
| Does Paragraph 7’s reference to a spouse who “files a divorce action” apply when the complaint was delivered to the court clerk before the filer’s death? | Betty argued the post-nuptial should not trigger Paragraph 7 to bar her claims because the divorce was not resolved and she invoked Paragraph 3 on death. | Charlie argued Emmett’s verified complaint was filed before death, triggering Paragraph 7 and its release of claims. | Court: The word “file” is unambiguous; delivery to the clerk constituted filing, so Paragraph 7 was triggered. |
| If Paragraph 7 was triggered, does clause 1 (settlement of alimony/support/property claims in divorce) bar Betty’s year’s support claim? | Betty contended she is entitled to year’s support on death (OCGA §53‑3‑1) and Paragraph 1 addresses only divorce claims. | Charlie argued the Agreement’s settlement terms replace other post‑death claims. | Court: Clause 1 concerns divorce claims and does not bar the year’s support claim because the divorce action abated on death. |
| Did clause 2 (general release of "any further claims") in Paragraph 7 release Betty’s right to a year’s support? | Betty argued any release of year’s support must be a knowing waiver with awareness of rights and estate condition; there was insufficient evidence she knowingly waived that right. | Charlie argued the general release encompassed all further claims, including year’s support. | Court: Whether Betty knowingly waived her year’s support is a factual question; summary judgment was improper and the judgment was vacated and remanded for that inquiry. |
| Was Emmett competent and was the divorce filing valid such that Paragraph 7 could be triggered? | Betty suggested Emmett may have lacked competency to hire counsel or sign verification. | Charlie relied on attorney affidavit and the verified complaint to show competence and valid filing. | Court: Evidence did not support a competency finding for summary judgment purposes; competency challenge was insufficiently supported to defeat enforcement at summary judgment. |
Key Cases Cited
- Eversbusch v. Eversbusch, 293 Ga. 60 (2013) (courts enforce agreements as written when interpreting post‑nuptial contracts)
- Global Ship Systems, LLC v. Continental Cas. Co., 292 Ga. App. 214 (2008) (three‑step contract construction process: plain meaning, rules of construction, then factual inquiry)
- Freund v. Warren, 320 Ga. App. 765 (2013) (unambiguous contracts are enforced according to plain terms)
- Guthrie v. Guthrie, 277 Ga. 700 (2004) (an unresolved divorce claim abates on the filer’s death)
- Hubbard v. Hubbard, 218 Ga. 617 (1963) (waiver of a widow’s right to year’s support must be made with knowledge of her rights and estate condition)
- Adams v. Adams, 249 Ga. 477 (1980s) (whether a waiver of year’s support was knowing and supported by consideration is a question of fact)