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This section contains the nature of the case and procedural background.

Vincent (P) and his former wife, mother of Renee (D) acquired real estate. The property served as the family residence until D's mother died. P remarried and continued to live in the residence. After the remarriage, P consulted with an attorney to draft a deed to grant the premises to himself, his current wife and his children as joint tenants in order to avoid probate. To accomplish this one of the children, D, was designated to hold the property in trust for the benefit of the other children. That deed was recorded and placed under lock and key in a cabinet wherein it remained. After the deed was recorded, D found out about it and after consulting with her attorney decided that remortgaging the premises was not wise nor was putting the other nonage children on the deed. In January 1977, P sued to reform the deed to nullify the grant to D no grounds that the deed was not delivered to her. The court rendered judgment of reformation as the deed was not a present conveyance of interest to D. D appealed.

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