Whittemore v. Whittemore

Summary

The Georgia Supreme Court affirmed partial summary judgment granting Glenda Whittemore superior title and possession of disputed property and the remaining insurance proceeds. The court held that although Georgia equity may enforce a parol gift of land when possession and valuable improvements satisfy statutory requirements, the record showed only maintenance and upkeep contributions by Steven, not substantial and permanent improvements made in reliance on the gift.

Holdings

1. A parol gift of land is not enforceable absent valuable improvements made in reliance on the gift; the statutory equitable exception requires an oral promise, meritorious consideration, possession, and valuable improvements.
2. Steven's contributions to maintenance and upkeep did not establish the substantial and permanent improvements required to enforce the alleged parol gift.
3. The superior court properly determined that Glenda had superior title as a matter of law and properly granted partial summary judgment on ejectment and the insurance proceeds.

Questions Presented

1. Whether Steven acquired an enforceable ownership interest in the property through Mann's alleged parol gift.
2. Whether Steven's contributions to maintenance and upkeep constituted valuable improvements sufficient to enforce the alleged parol gift under Georgia's equitable exception to the Statute of Frauds.
3. Whether the superior court properly granted Glenda partial summary judgment on ejectment and the insurance proceeds.

Disposition

affirmed