![]() ![]() – Ali and Eugene Peterson, wife and husband (hereinafter Peterson), appeal an order of the trial court granting summary judgment in favor of Helen Snyder, Dona Best and George Malvern Keller (Jr.) (hereinafter Snyder). Ederer and Helsell, Fetterman, Martin, Todd & Hokanson, for respondents. Thompson and Thompson & Delay, for appellants. Sherman and Preston Thorgrimson Shidler Gates & Ellis Daniel P. Noe, J., on April 20, 1990, granted a summary judgment in favor of the plaintiffs.Ĭourt of Appeals: Holding that the first deed was subject to reformation due to a scrivener's error or a mutual mistake, the court affirms the judgment. Superior Court: The Superior Court for King County, No. The three children omitted from the second deed brought a quiet title action against the child who was the grantee of the second deed. The parent later conveyed the same property to one of the children. Nature of Action: A parent had conveyed property in equal shares to all four of his children by means of a deed that contained an inadequate legal description of the property. For purposes of the unilateral gift exception to the principle allowing the reformation of a deed containing an inadequate legal description due to a mutual mistake, a conveyance does not constitute a gift if the grantee pays gift taxes and related fees and the deed itself states that the transfer is in consideration of a nominal sum of money and love and affection. Deeds – Description of Property – Legal Description – Deficiency – Reformation – Mutual Mistake – Unilateral Gift Exception – Gift – What Constitutes. For purposes of reforming an inadequate legal description in a deed, a mutual mistake has occurred when the intention of the parties was identical at the time the deed was executed and the deed does not express that intention. Deeds – Description of Property – Legal Description – Deficiency – Reformation – Mutual Mistake – What Constitutes. A deed containing an inadequate legal description of the property to be conveyed due to a scrivener's error is subject to reformation if the grantor's intent to convey a particular parcel of property is unambiguous and there is no evidence of fraud or overreaching. Deeds – Description of Property – Legal Description – Deficiency – Reformation – Scrivener's Error – In General. For purposes of reforming an inadequate legal description in a deed, an omission by the attorney who drafted the deed of all or a portion of the legal description of the property to be conveyed constitutes a scrivener's error. Deeds – Description of Property – Legal Description – Deficiency – Reformation – Scrivener's Error – What Constitutes. A deed containing an inadequate legal description of the property to be conveyed is subject to reformation if the inadequacy was due either to a scrivener's error or to a mutual mistake. Deeds – Description of Property – Legal Description – Deficiency – Reformation – Grounds. ALI AUDREY LYNN PETERSON, ET AL, Appellants.
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