Wardlaw v. Huff
Wardlaw v. Huff
Opinion of the Court
Appellant is the sister of appellee. In 1956 their parents gave appellant one acre of land adjoining their farm on which appellant and her husband constructed a residence. In 1967 appellant’s parents executed a deed to this property. Subsequently appellant built a ceramic shop on the back of her property. The parties agree that this building extended approximately forty-one inches onto their parents’ property. Appellant began teaching classes in ceramics and as her clientele grew, her parents allowed her to use a portion of their property for a parking area. Appellant never paved or graveled this parking area, but testified that she planted shrubbery and a tree around it.
Appellant’s father died in 1972. Her mother died in 1987, leaving a will in which she named the parties co-executors. Appellant thereafter brought this suit against appellee, claiming that under Item V of the will she is entitled to the parking area used in conjunction with her ceramic shop.
Item V of the will provides:
If my daughter, HELEN WARDLAW’S ceramic shop is located on any portion of the real estate of which I may die possessed, I give, bequeath and devise that part of my real estate to her before the sale or distribution of any of my real estate so that there will be no title problem with her shop or the real estate upon which the building is located.
A jury trial was held at which the parties agreed the only issue to be decided was the effect of Item V of the will. At the close of plaintiff’s evidence the trial court directed a verdict in favor of appellee concluding that Item V of the will is unambiguous, and that the testatrix intended to devise to appellant only those forty-one inches of her property on which the ceramic shop encroaches.
1. Appellant cites numerous authorities which state the rule that
2. After the close of her evidence, appellant moved for a directed verdict on the ground that her parents had granted her a parol license to use the parking area which had ripened into an irrevocable license due to the improvements she made. OCGA § 44-9-4. The trial court denied the motion.
As stated above, the record affirmatively indicates the parties agreed prior to trial that the only issue to be tried was the effect of Item V of the will. We hold the trial court did not err in denying appellant’s motion for directed verdict on the issue of an irrevocable license. It would be unfair to direct a verdict on an issue the parties agreed was not to be tried. Appellee might very well have presented contrary evidence if the issue was before the court.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.