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Janette Sue Jackson, Jody Ann Stanley, and Jeffrey Lynn Jackson v. Jay Thomas Jackson
25A-CT-1575
Civil tort. Reverses the Clark Superior Court’s order entering summary judgment in favor of Jay Thomas Jackson. Finds Janetta Jackson, Judy Stanley and Jeffrey Jackson presented clear and convincing evidence of unilateral mistake in the first deed and that both corrections made by the second deed—correcting the intended donees of her gift and correcting the legal description of Woodburn Farm—reflected their mother’s actual intent in making the gift to the siblings. Also finds Jay Jackson does not point to designated evidence establishing the existence of a question of fact as to the intent of the mother as the donor. Remands with instructions to grant the siblings’ motion for summary judgment, deny Jay’s motion for summary judgment, dismiss Jay’s complaint, issue an order that the first deed did not convey any interest in Woodburn Farm to Jay, and enter any further necessary orders consistent with this opinion. Attorneys for appellants: Jared Baker, Matthew Senko. Attorney for appellee: Robert DeWees III.
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