 |
Wiki Law School will soon be moving! Please update your bookmarks. Our future address is www.wikilawschool.org |
Allen v. Allen
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
| Allen v. Allen | |
| Court | Massachusetts Appeals Court |
|---|---|
| Citation | 16 N.E.3d 1078 |
| Date decided | September 16, 2014 |
Facts
- Mrs. Allen had 6 grown children with her deceased husband
- Harold (a son) claimed that Mrs. Allen executed a deed in July 2001 conveying the parents' house to him & Mrs. Allen (her mother) as joint tenants. Her claimed that the preparing attorney had signed an acknowledgment
- In November 2001, Mrs. Allen conveyed the same family home to her daughter Deborah & herself upon her death; thus, her daughter would inherit the home once the mother died.
- Mrs. Allen (the mother who owned the family home) died in 2009
- Allen = plaintiff = family daughter
- Allen = defendant = family son
Procedural History
- Deborah sued Harold in a trial court in Massachusetts
- The judge determined that the July 2001 acknowledgment (notarized copy) of Harold was defective.
- Harold lost.
Issues
Is proper recording & acknowledgment of a deed conveying land required to provide constructive notice?
Arguments
Deborah argued that Harold's deed of July 2001 was forged.
Holding
Yes; proper recording & acknowledgment of a deed conveying land is required to provide constructive notice.
