Fox v. Washburn

In Fox v. Washburn, 264 Ga. 617 (1) (449 SE2d 513) (1994), an owner transferred a large tract of land to his daughter and son-in-law via a deed that contained no reservation of rights. Id. The grantor continued living in the house on the parcel for eight years, after which the grantees sought to eject the grantor from the property. Id. The grantor deposed that the grantees had agreed as a condition of the conveyance that the grantor would have the right to use and enjoy the house on the parcel for the rest of his life, that the grantees had directed a lawyer in the preparation of the deed, and that the grantor signed the deed without reading it. Id. at 617-618 (1). The Supreme Court of Georgia determined that the grantor's testimony and the parties' conduct after the conveyance presented jury questions as to whether the conveyance failed to express the parties' actual agreement because it failed to reserve a life estate. Id. at 618 (1). See OCGA 44-6-82 (a) ("An estate for life may be created by deed or will, by express agreement of the parties, or by operation of law."). The Court held that the grantees were not entitled to summary judgment "simply because they did not admit to a mutual mistake." Fox v. Washburn, 264 Ga. at 618 (1).