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Property Keyed to Sprankling
Allen v. Allen
Citation:
16 N.E.3d 1078 (2014)Facts
Harold Allen, Jr., and Deborah Allen are two of six children of Ethel and Harold Allen, Sr. After Harold Sr.’s death, Ethel continued their pattern of estate planning that excluded their sons Harold and Lawrence because they had already been provided for through lifetime gifts, including shares in the family business. In late April 2001, Ethel began moving from her Lexington home to live with her daughter Nancy in Nashua, New Hampshire, completing the move by mid-July 2001.
On July 23, 2001, a deed was purportedly executed by Ethel conveying the Lexington house to herself and Harold as joint tenants with right of survivorship. Attorney Paul Maloy prepared the deed and signed a certificate of acknowledgment dated July 23, 2001. The deed was recorded on August 10, 2001. On November 30, 2001, Ethel established the Allen Realty Trust and executed a deed conveying the same property to herself and Deborah as co-trustees, reserving a life estate for herself. This deed was recorded on February 8, 2002.
After Ethel died on December 20, 2009, Harold revealed the July 2001 deed. Deborah commenced legal action in January 2010, disputing Harold’s claim. After a trial that included forensic testimony, the judge found that while Ethel’s signature on the July deed was authentic, she never appeared before Attorney Maloy to acknowledge it. Instead, she had signed the deed in front of Harold, who then brought it to Maloy for his signature.
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