Estate of Carolyn W. Holland, Deceased, Jack K. Holland, Lewis G. Holland, Sr., and Betty H. Kann, Executors - Page 16

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          Under the facts and circumstances of the case before this                   
          Court, we find that the mistake in the 1984 deed conveying                  
          decedent's entire interest in the Weinstock Residence was a                 
          scrivener's error which was not noted by either of the parties at           
          the time of execution of the deed.  Moreover, this mistake                  
          violated the manifest intention of the parties to the deed.  We             
          do not think that a scrivener's error in describing the                     
          fractional interest to be conveyed in a gratuitous transfer of              
          real estate, as in the case at bar, is so different from the                
          scrivener's error in describing the particular lot to be conveyed           
          in the gratuitous transfer in Curry.  We believe that the Supreme           
          Court of Georgia would, under the facts and circumstances of this           
          case, find that the original 1984 transfer passed only bare legal           
          title to decedent's entire interest in the property and that,               
          immediately after such transfer, decedent had the unqualified               
          right, as against the donees, to defeat the transfer as to the              
          extent of six-ninths thereof.  Therefore, under the law of                  
          Georgia, we find that decedent would have had a right to reform             
          the deed to express the agreement of the parties.                           
               Thus, we find that in 1984 the donees were given complete              
          ownership of three-ninths of decedent's interest in the property            
          and bare legal title to the other six-ninths.  Decedent had the             
          right, after the 1984 transfer, to revest in herself title to               
          that six-ninths interest.  She could take it back at will.  The             
          fact that her power was dehors the instrument, rather than                  
          expressed in the instrument itself, is immaterial.  Helvering v.            



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