Roberts v. Conley

626 S.W.2d 634, 1981 Ky. LEXIS 315
CourtKentucky Supreme Court
DecidedDecember 15, 1981
StatusPublished
Cited by3 cases

This text of 626 S.W.2d 634 (Roberts v. Conley) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roberts v. Conley, 626 S.W.2d 634, 1981 Ky. LEXIS 315 (Ky. 1981).

Opinion

STERNBERG, Justice.

This is an action for the specific performance of a contract to convey an interest in an estate.

Fannie Archer had five children, George P. Archer, James Archer, Martha Archer Rapier, Mary Archer Roberts, and Emma Archer Conley. George and his brother James predeceased their mother, Fannie Archer. George left surviving him two sons and a daughter, George P. Archer V, Raleigh R. Archer, and Martha Ann Archer Dameron. James left surviving him a daughter, Mary Ann Archer Jenkins. Martha, Mary, and Emma all outlived their mother, Fannie Archer.

In 1971, Emma and her husband Robert were suffering financial difficulties and sought assistance from her mother Fannie. To thus assist the Conleys in overcoming their financial embarrassment, they, together with Emma’s siblings and their respective spouses, and Fannie entered into a written contract in 1971, wherein Fannie agreed to borrow $12,000 and pay it to Emma through her attorney in fact, Harry Laviers, for the purpose of paying her and her husband’s existing indebtedness. The parties to the contract are: First party is Fannie Archer; second parties are George Archer and Margaret Archer, his wife; Martha Ann Archer Rapier and Joseph Rapier, her husband; Mary Archer Roberts and Thomas L. Roberts, her husband; and Mary Ann Archer Jenkins and Charles Jen[635]*635kins, her husband; third parties are Emma Archer Conley and Robert Conley, her husband; and the fourth party is Harry Lavi-ers, attorney in fact for all parties to the contract. So much of the contract as pertains to the issue is as follows:

“1) Parties of the second and third part are the heirs at law of party of the first part.
2) Over the years party of the first part has given substantial sums of money to parties of the third part, and is presently endorser upon various notes of party of the third part, totalling approximately $15,000.00. Parties of the third part have purchased a residence property in Louisville, Kentucky, assuming a mortgage indebtedness against said property, paying a minimal amount against a so-called down payment and deferring the balance, and is presently delinquent on the mortgage payments and owes approximately $6,000.00 of the deferred balance of the so-called down payment.
3) Party of the first part is desirous of attempting to assist parties of the third part in their financial problems without favoring parties of the third part any more than necessary in the ultimate distribution of her estate.
It is therefore, in consideration of the premises and the mutual covenants herein contained, agreed as follows:
FIRST: Party of the first part will borrow from the First National Bank of Paintsville, Kentucky, the sum of Twenty Two Thousand Dollars ($22,000.00) upon the security of a first mortgage upon certain property hereinafter described on Stafford Street in Paintsville, Kentucky, owned one-half (½) by party of the first part and one-half (½) by parties of the second and third part. The proceeds of said mortgage loan will be paid to party of the fourth part, as Attorney-in-fact for party of the first part, and she hereby makes and constitutes him her attorney-in-fact for such purpose, and party of the fourth part shall expend said funds for the purpose of paying existing indebtedness of parties of the third part upon which party of the first part is endorser and other indebtedness of parties of the third part.
SECOND: Parties of the third part hereby convey and agree to convey to parties of the second part all of the undivided interest of party of the third part, Emma Archer Conley, to which she is now or may at any time hereafter be entitled in the estate left by party of the first part by her Last Will and Testament to her, or if she dies intestate under the Statutes of Descent and Distribution, together with all the reversion and reversions, remainder and remainders, rent, issues and profits thereof, and of every part and parcel thereof and also the real estate, right, title, interest, property, possession, claim and demand whatsoever both in law and equity of parties of the third part, their heirs and assigns, in and to the Estate of party of the first part. Parties of the third part further agree for themselves, their heirs and assigns, that they will at any time hereafter make any further deeds, releases, conveyances, or other assurances of title which may be necessary to completely release and divest them of their interest in the Estate of party of the first part herein conveyed or agreed to be conveyed to parties of the second part, or which the parties of the second part, their heirs or assigns may desire.
THIRD: Party of the first part agrees that at the time of her death all of her property, both real and personal of which she dies seized, shall be willed by her to parties of the second part, either by new will or codicil to her existing will, and to the exclusion of parties of the third part and free and exempt from any claim of parties of the third part, their heirs or assigns.
FOURTH: Party of the first part, parties of the second part, and parties of the third part hereby make, constitute, and appoint party of the fourth part their true and lawful Attorney-in-fact for them and in their name and stead to execute to the First National Bank of Paintsville, Kentucky, for the purpose of [636]*636securing a loan as aforesaid to the party of the first part in the sum of Twenty Two Thousand Dollars ($22,000.00), a mortgage upon a certain house and lot on Stafford Street in Paintsville, Kentucky, more particularly described as follows:
One house and lot situated in East Paintsville, Kentucky, same being Lot No. 6 on the North side of Stafford Street and bounded and described as follows:
Beginning on Southwest corner of Lot No. 5, and running an East course a straight line 120 feet to the old division line between Frank Preston Heirs and Mary J. Stafford tract; thence a Northeast course with said Frank Preston Heirs’ line 60 feet to the Southeast corner of Lot No. 7; thence West course 120 feet with the line of Lot No. 7 to Stafford Street; thence a South course with Stafford Street 60 feet to the place of beginning.
Being the same property conveyed to Ernest E. Archer and Fanny M. Archer, by Don G. Stafford by Deed dated August 29, 1917, and recorded in Deed Book 49 at page 81, Johnson County Records.
to execute in their name and stead the necessary note and mortgage to effect said loan and to receive and expend the proceeds of said loan for the payment of the debts of parties of the third part as hereinabove provided. Parties of the first, second, and third part further authorize party of the fourth part as their Attorney-in-fact to thereafter sell the above described real estate for such price as he shall deem proper and for this purpose he is authorized and empowered to use such time and advertising as he may deem necessary and proper in the sale of said property to obtain what he may consider the best price obtainable, and he is further authorized if he may deem the same necessary to contract with brokers for the sale of said property.

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Cite This Page — Counsel Stack

Bluebook (online)
626 S.W.2d 634, 1981 Ky. LEXIS 315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-conley-ky-1981.