Eyler v. Eyler

MOYLAN, Judge. The appellant, J. Albert Eyler, and the appellees, Joseph G. Eyler and J. Eugene Eyler, are brothers. In this case, they seek a determination as to the validity of certain agreements concerning an interest in a piece of real property that was owned by their late father, Joseph H. Eyler. ⁶⁰¹ The parties’ father died on November 22, 1988. Under the terms of his Last Will and Testament, he left the rest, residue, and remainder of his estate to his three sons, the appellant and the appellees, in various proportions.

The Will provided that the appellant, J. Albert Eyler, was to receive 50 percent of the residue of the estate, the appellee Joseph G. Eyler was to receive 35 percent thereof, and the appellee J. Eugene Eyler was to receive 15 percent thereof. Part of this residue was an undivided one-third interest which the father owned, as a tenant in common, in a 17.5-acre piece of improved real property in Thurmont, in Frederick County. Approximately nine days after his father’s death, the appellant asked his two brothers to sign a document entitled “Agreement between the beneficiaries and heirs of the late Joseph H. Eyler.” The agreement provided: “We the undersigned agree as follows. Our late father had no interest or ownership in parcels of real estate located in Thurmont, Maryland described in a deed dated May 19, 1986 and recorded in book 1339 at page 666 among the land records of Frederick County Maryland.

Containing 17.5 acres more or less, improved with a brick residential house, large barn and out buildings, utilized for the operation of the Eyler Stables. Even though said deed conveys V3 interest into Joseph H. Eyler. We further agree that J. Albert Eyler and Josephine H. Eyler, his wife, are sole and total owners of this real estate. We authorize the personal representatives of the estate of Joseph H. Eyler to execute a deed conveying any ownership or title in said parcels of real estate unto J. Albert Eyler and Josephine H. Eyler, his wife, without any payment or compensation unto the estate of Joseph H. Eyler; or we the undersigned, heirs and beneficiaries.” The agreement was signed by all three brothers and was then filed by the appellant in the Estate of Joseph H. Eyler and recorded among the Land Records of Frederick County.

The appellant and the appellee Joseph G. Eyler are the co-personal representatives of their father’s estate. In Octo ⁶⁰² ber, 1989, the appellant asked Joseph to execute a deed conveying the property in question to him and his wife by reason of the agreement. Joseph refused to do so and challenged the validity of the agreement. When the two co-personal representatives were unable to agree on the final accounting and distribution of the estate, the appellant filed a petition with the Orphans’ Court for Frederick County seeking an order compelling the appellees to sign the deed to the property in question or an order removing Joseph G. Eyler as a co-personal representative.

As a consequence, the appellees filed a complaint for declaratory judgment in the Circuit Court for Frederick County challenging the validity of the agreement and seeking to have the court declare the agreement invalid, null and void, and unenforceable. With their complaint, the appellees filed a motion for summary judgment accompanied by an affidavit of each appellee. The appellant filed an answer and an affidavit in opposition to the motion for summary judgment. Following a hearing, the motion for summary judgment was denied.

Meanwhile, the appellant filed a two-count counterclaim. In the first count, he sought to have the agreement declared a valid and legal disclaimer by the appellees of their interests in the property. In the second count, the appellant alleged that in July, 1982, he and his father entered into an oral agreement whereby he would receive fee simple title to the property upon his father’s death. Pursuant to the agreement, the appellant was to pay to his father 10 percent of the net sale commissions for any sales held on the property.

The appellant alleged that he paid these commissions to his father until his father’s death and that he maintained