-16- 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.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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