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TURNER, guardian, et al. v. PRIGMORE

Supreme Court of Georgia1947-06-12No. No. 15856
202 Ga. 377

Summary

Holding. The Georgia superior court's decision allowing the intervention petition was affirmed. The court held that a superior court exercising equity jurisdiction over wards' property possesses the authority to approve guardian contracts and related transactions independently of ordinary approval requirements, and that intervention is a proper procedure in equity cases that does not constitute improper addition of a new cause of action.

A guardian of Tennessee wards sought to sell property in Georgia through a real estate agent and filed an intervention petition in Georgia superior court to address the agent's claim for commission. The guardians objected on grounds that the contract with the agent was improper and that intervention improperly added a new cause of action. The court rejected both objections. First, while Georgia law requires ordinary approval of guardian contracts, a Georgia superior court exercising equity jurisdiction over wards' property has broad, comprehensive, and plenary authority to order or approve sales and related transactions—authority that is not displaced by statutory provisions limiting the ordinary's role. Second, intervention in equity proceedings does not constitute improper joinder of a new cause of action; it is an authorized procedural mechanism that allows the court to resolve all claims affecting the wards' interests.

The court emphasized that Georgia's superior courts have long possessed extensive equity jurisdiction over minors' estates, extending far beyond narrow statutory constraints. This jurisdiction permits courts to approve property sales, confirm transactions that might otherwise be vulnerable, and address ancillary matters such as reasonable commissions earned by parties instrumental in facilitating beneficial transactions. The judge properly retained jurisdiction to assess whether the real estate agent's commission claim was just and reasonable in connection with the property sale undertaken for the wards' benefit.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Authority of a foreign guardian to enter real estate contracts in Georgia
  • Jurisdiction of Georgia superior court in equity over wards' property despite ordinary's statutory role
  • Propriety of intervention in equity proceedings involving wards' estates
  • Enforceability of real estate agent's commission claim in guardianship proceedings

Procedural posture

A guardian appointed in Tennessee sought to sell wards' property in Georgia through a real estate agent; the agent intervened to assert a commission claim, and the guardian appealed the trial court's denial of the motion to disallow the intervention.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Duckworth, Presiding Justice.

(After stating the foregoing facts.) The first and second grounds of objection to the allowance •of the intervention may be disposed of together. The first objection, that the contract with the real estate agent Richey is not one which the guardian could legally enter into, is obviously without merit. By the Code, § 49-213, it is provided that “Guardians may make contracts for labor or service, for the benefit of the estates of their wards, upon such terms as they may deem best.” Certainly finding a purchaser for property is rendering service to one for whom it is sold. It is further provided in the said section that “all such contracts made in good faith shall be a charge upon and bind said estates whenever the same shall be approved by the ordinary of the county.” Manifestly the “county” here meant is the county wherein jurisdiction of the guardianship lies. The Ordinary of Catoosa County, Georgia, would not, as conceived by the plaintiffs in error have jurisdiction of the guardianship here, since it is shown by the record that the guardian and wards were all domiciled in Hamilton County, Tennessee, and the appointment of guardian was properly made by the County Court of the County of Hamilton in that State. It was not essential, however, that the contract here involved be approved only by that court. Here is presented the case of a foreign guardian coming into a superior court of this State — as authorized-by acts of the legislature codified in the Annotated Code as §§ 49-203 and 49-204 — a court which on its equity side has had jurisdiction over the persons and property of infants from a very early period, a jurisdiction which is broad, comprehensive and plenary. Richards v. East Tenn., Va. & Ga. Ry. Co., 106 Ga. 614 (1) (33 S. E. 193, 45 L. R. A. 712). Discussing the broad jurisdiction of equity of the estates of wards of chancery, this court in Sangster v. Toledo Manufacturing Co., 193 Ga. 685, 691 (19 S. E. 2d, 723), said: “That the jurisdiction of equity of the estates of wards of chancery is broad, comprehensive, and plenary, can not now be questioned, was the pronouncement of this court in the Richards case, supra, and authorities were there cited to support the statement. When this jurisdiction attaches, the court’s action is not limited by any narrow bounds, but it is empowered to stretch forth its arm in whatever direction its aid and protection may be needed. 19 Am. Jur. § 151, and cit. It may order a sale or partition when such would be for the best interest of the ward, or confirm a sale or a partition which is beneficial to such interest, although the same might be sirbject to such infirmities as ordinarily would avoid it. It-can in a variety of circumstances make an election on his behalf, after having ascertained, through an inquiry, what action is best for his advantage.” See also Orr v. Orr, 197 Ga. 866 (30 S. E. 2d, 900).

In Ethridge v. Pitts, 152 Ga. 1 (1) (108 S. E. 543), it was ruled: “In this State the superior court since first established has been the court of equity, and as such has had jurisdiction, on petition, to which minors were parties (plaintiffs or defendants), to render during term decretal orders authorizing guardians to sell the lands of their wards, whether held by legal or equitable title.” -In the second headnote in the same case, it was held: “The court of equity was not deprived of such jurisdiction by the statutory adoption of the Code of 1863, which declared (§ 1779) that All sales of any portion of the property of the ward shall be made under the direction of the ordinary, and under the same rules and restrictions as are prescribed for sales by administrators of estates.’ Nor did the incorporation of the same provision in the Code of 1868, § 1819, have such effect.”

It is clear, therefore, that, where a ward is brought into the jurisdiction of a court of equity, such court may order or approve a sale of the ward’s property for reinvestment, notwithstanding the fact that by the Code, provision is made for approval by the ordinary of contracts made by a guardian.

Nor is the petition for intervention subject to the objections that it seeks to add a new and distinct cause of action and party. The proceeding here is not one at law but in equity, and the intervention, when allowed, does not alter its nature. The intervenor takes the case as he finds it. Continental Trust Co. v. Sabine Basket Co., 165 Ga. 591, 597 (141 S. E. 664); City of Baxley v. Drew, 190 Ga. 486, 489 (1) (9 S. E. 2d, 751). Interventions necessarily bring in one or more new parties but, since their allowance is provided by law, they are not, when otherwise allowable, subject to the objection that a new cause of action or a new party is sought to he added to the original proceeding. The petition for intervention was properly allowed here. It shows that the sale sought to be made by the petitioner to an interested buyer was one which was developed through the efforts of the real-estate agent, Fay Prigmore. A just commission might reasonably be found by the judge to be a proper and legal item of expense in connection with the sale to be made on behalf of the wards. The judge, having exercised jurisdiction on the question of- the sale of the property of the wards for reinvestment in United States bonds, had the right to retain jurisdiction for the purpose of passing upon the claim of the intervenor to a just and reasonable commission for producing the buyer of the property, thus rendering full and complete relief to all parties to the cause. Code, § 37-105; Hall v. English, 47 Ga. 511 (2); Mitchell County v. Hudspeth, 151 Ga. 767 (1-a) (108 S. E. 305); Kidd v. French, 188 Ga. 492, 496 (4 S. E. 2d, 187); McCord v. Walton, 192 Ga. 279 (3) (14 S. E. 2d, 723) ; Kniepkamp v. Richards, 192 Ga. 509 (4) (16 S. E. 2d, 24); Mendenhall v. Stovall, 195 Ga. 492, 494 (1) (24 S. E. 2d, 795). It follows from the above that the judge did not err in overruling the motion to disallow the ihtervention.

Judgment affirmed.

All the Justices concur.