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Property Keyed to Saxer
Slaick v. Arnold
Citation:307 Ga. App. 410 (2010).
In 1989, Cora Dorsey died. In her will, Dorsey devised property to Katie Day and the Defendant, Nancy Slaick, to “share and share alike.” The Defendant was the executor to Dorsey’s will and as such, she filed an assent to devise so that “full fee-simple title thereto is vested in [Day and Slaick] as provided in [Dorsey’s] will.”
Day and the Defendant went to a lawyer’s office to execute reciprocal deeds for the property that reserved a life estate for each grantor. The Defendant stated that Dorsey wanted the property to go to Day if the Defendant died first and to the Defendant if Day died first.
The deed from Day to the Defendant granted the property to the Defendant “for and in consideration of love and affection and other good and valuable consideration” with a reserved life estate for Day. However, the reciprocal deed from the Defendant to Day was never recorded and cannot be found.
Day died in 2006 and in her will, she devised her half interest in the property “owned jointly by me and [the Defendant]” to her other four children.
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