- 40 - 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 mutualPage: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 NextLast modified: November 10, 2007