Talbert v. Seek

Cowmns, J., delivered the opinion of the Court. This is an appeal from an order of the Circuit Court for Prince George’s County, denying relief sought by Lewis J. Talbert and Kathleen D. Talbert, his wife, (the Talberts), appellants, in connection with a sale of real estate. David O. Seek, Sr., owner of an undivided fourteen-fifteenths interest in a tract of land in Prince George’s County, known as Lots 7, 8 and 9 in B subdivision of Green Hill Park, died intestate on or about January 1, 1955, survived by the following heirs-at-law: Ernest J. Seek, David O. Seek, Jr., Margaret Evatt, Bessie Taylor, Clara Taylor, Violet Peterson, Annie Taylor, Richard J. Seek, Louise Gordon, and his granddaughter, Elizabeth Camilla Robinson. The remaining one-fifteenth interest in this land was owned by his granddaughter, Elizabeth Camilla Robinson.

After the death of the said David O. Seek, Sr., some of his heirs-at-law negotiated with the appellants, the Talberts, for the sale of the property above described, the Talberts having been occupying as tenants .the garage building there located for a period of time, maintaining a cabinet repair shop there. As a result of these negotiations the Talberts paid to W. Carroll Beatty, Esquiré, who had been consulted by and represented a number of the heirs of David O. Seek, Sr., the sum of $500.00. This sum was to be held by the said attorney as the proposed escrow agent and attorney for the heirs of the decedent, David O, Seek, Sr. On January 25, 1955, a contract was entered into by the Talberts, W. Carroll Beatty, escrow agent and attorney for the heirs-at-law of David O. Seek, Sr., deceased, and all of the heirs-at-law of David O. Seek, Sr., including his granddaughter, Elizabeth Camilla Robinson, all sui juris, for the sale of the aforesaid property. The $500.00 paid to Mr. Beatty ³⁹ was set out as the down payment on the contract.

The total purchase price was to be $8,200.00. It was further provided therein: “This contract is further subject to ratification of the Court as herein provided. IT IS UNDERSTOOD AND AGREED by and between the parties hereto that passing of final title to the above described property shall be subject to Notice to Creditors either in Administration proceedings or partition suit to be filed and if the latter, this contract is further subject to ratification by the Circuit Court for Prince George’s County, Maryland, the property hereby conveyed being owned by the heirs at law and next of kin of David O. Seek, late of Prince George’s County, Maryland.” Due to the fact that there was some question as to the marital status of two of the heirs-at-law of David O. Seek, Sr., on May 24, 1955, Ernest J. Seek, as complainant, filed a bill of complaint in the nature of a partition proceeding, (Code, 1951, Article 16, Section 170), against the remaining heirs-at-law of David O. Seek, Sr., including Elizabeth Camilla Robinson. He alleged the parties’ ownership of the aforementioned tracts; that the decedent left no personal property; and asked that notice to creditors be given in that proceeding in lieu of administration.

Code, 1951, Article 93, Section 119. He further alleged that the property was not susceptible of partition in kind among the parties. He submitted the aforesaid contract from the Talberts for the purchase of the property for $8,200.00. He alleged that he believed it was a fair and reasonable offer for the property, and that he believed that the heirs-at-law of the decedent would be willing' to accept said offer for the sale.

He filed the contract as an exhibit. He asked that the contract be ratified and confirmed; that a trustee be appointed to convey the real estate in accordance with the terms of the contract of sale; that the proceeds of sale be distributed among the heirs-at-law of David O. Seek, Sr., according to their interest in the property; that notice to creditors of David O. Seek, Sr., be given; and for other and further relief. Answers were filed by each of the nine defendants in which they neither admitted nor denied the allegation that the price of $8,200.00 was a fair and reasonable price for the property, ⁴⁰ but stated that they believed that such a contract had been procured from the Talberts for $8,200.00. They also admitted that they were willing for the court to ratify the Talbert contract of sale and consented to the appointment of a trustee to make conveyance.

Testimony was taken to establish the fair value of the property. This was to the effect that $8,200.00 was the “top price”. Prior to the presentation of the case to the chancellor for final decree, on July 12, 1955, W. Carroll Beatty, attorney for Ernest J. Seek, filed in the case a report alleging that, subsequent to the taking and filing of testimony, one G. R. Carson, on June 27, 1955, submitted to Mr. Beatty a signed offer to purchase the property for $9,200.00 cash and deposited with Mr. Beatty a signed contract with a certified check of $1,000.00 as deposit. He further alleged that the new contract and deposit were made and executed on the date when Mr. Beatty was presenting the case to the court for ratification.

Upon advising the court of the additional offer made, he was directed to communicate with the Talberts to determine whether or not they would meet the Carson offer and, if so, that both of the proposed purchasers be given an opportunity to present sealed bids for the purchase of the property. He also alleged that he was unable to reach the Talberts until July 7, 1955, and he suggested to the Talberts that they advise him within one week whether they would meet the Carson offer. As a result of that report, the chancellor on the same day, July 12, 1955, passed an order in which he stated that the additional offer had been made and that it might be to the best interest of all the parties to consider the new contract rather than the one filed in the proceedings. The chancellor ordered that as all the owners were adults and consented to the appointment of a trustee, Mr. Beatty be appointed trustee upon filing a bond of $10,000.00, with power to sell the property for the best price available.

Mr. Beatty was to determine whether or not the Talberts would be willing to make an additional offer equal to the Carson offer. If the Talberts did not agree to do so, then the trustee should convey the property unto Carson. In the event that the Talberts were willing ⁴¹ to meet the Carson offer, Mr. Beatty was to call upon the Talberts and Carson and any other persons who might be interested in purchasing the property to submit to Mr. Beatty, at a time and place, sealed bids for the purchase of the property accompanied by certified checks for $1,000.00. When such sealed bids had been received, the trustee should proceed to make sale of said property unto the highest bidder, “the same to be reported and accounted for in accordance with the law in such case made and provided.” (Italics supplied here.) In accordance with that order Mr. Beatty gave notice that he would receive bids for the purchase of the property at 10:30 A. M. on July 16, 1955, at his office.

On July 19, 1955, Mr. Beatty, as trustee, filed a report stating that the following bids had been received, each accompanied by a certified check in the amount of $1,000.00: G. R. Carson, $9,855.00; Lewis J. Talbert and Kathleen D. Talbert, $10,-695.00; and Dorothy E. Sousa, $10,800.00. He further reported that he had advised all bidders that he would report those bids to the court and would ask for the acceptance of this highest bid. He further reported that after the receipt of the sealed bids, Mr. Talbert advised the trustee that he would like to submit a contract for an additional amount above the aforesaid highest sealed bid offered. He advised Mr. Talbert that he would report the bids to the court and, if he submitted a contract for an additional amount, he would also report that to the court.

Upon contacting the persons who had submitted the sealed bids, he was advised by Carson that he was no longer interested in the property. Mr. Talbert said he would meet with the trustee at a time when the other bidders could be present, at which time competitive bidding could be made. Mrs. Dorothy E. Sousa, the party submitting the highest bid on July 16, 1955, insisted that her bid be submitted to the court. He further reported that he had since received another proposed contract from the Talberts to purchase the property for $11,200.00.

Upon the submission of that report, on the same day, July 19, 1955, the chancellor ordered the trustee to accept the final sealed bid and offer for the purchase of the property for ⁴² $10,800.00, from Mrs. Dorothy E. Sousa and further ordered the trustee to convey the property to her. On August 11, 1955, the Talberts, by their present attorneys, filed a petition asking that they be permitted to intervene in the cause to vacate the orders of July 12th and July 19th, aforesaid. On the same date the chancellor granted the Talberts permission to intervene. Thereupon on August 19, 1955, the Talberts filed a motion in which they stated that the proceedings on their face disclosed a valid contract for the sale and purchase of the property, with the interveners as purchasers