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Memo. 1997-302 (issue of whether decedent’s conveyance with
respect to her Atlanta, Georgia, residence to her children could
be reformed to carry out her actual intention to convey a life
estate rather than the fee simple interest mistakenly specified
in the conveyance governed by Georgia law), we disagree that the
effective date provision was a drafting error or mistake subject
to reformation under Georgia law.
Ga. Code Ann. sec. 23-2-21 (1982) provides as follows:
What mistakes relievable in equity; power to relieve to be
exercised cautiously.
(a) A mistake relievable in equity is some
unintentional act, omission, or error arising from
ignorance, surprise, imposition, or misplaced confidence.
(b) Mistakes may be either of law or of fact.
(c) The power to relieve mistakes shall be exercised
with caution; to justify it, the evidence shall be clear,
unequivocal, and decisive as to the mistake.
Ga. Code Ann. sec. 23-2-31 (1982) provides, in pertinent
part: “Equity will not reform a written contract unless the
mistake is shown to be the mistake of both parties”. See also
Cox v. Smith, 260 S.E.2d 310, 312-313 (Ga. 1979) (“A ‘mutual
mistake’ in an action for reformation means one in which both
parties had agreed on the terms of the contract, but by mistake
of the scrivener the true terms of the agreement were not set
forth.”); Prince v. Friedman, 42 S.E.2d 434, 436 (Ga. 1947)
(“jurisdiction [to reform a contract in equity for mutual
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