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Slaick v. Arnold as Adm'r of the Estate of Katie Evelyn Day

The trial court erred in declaring a deed transferring the defendant's interest in real property to the plaintiff void because it lacked valid and valuable consideration because, absent an equitable ground such as fraud, trial courts should not cancel a voluntary deed, such as the one at issue, for lack of consideration.

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Nancy Slaick appeals from the superior court’s order declaring that a deed transferring Katie Day’s interest in real property to Slaick was void because it lacked “valid and valuable consideration.” For the reasons set forth below, we reverse in part, vacate in part, and remand this case to the trial court to make findings with regard to the issues of fraud and after-acquired title. The record shows that the administrator of Day’s estate filed an action for declaratory judgment in probate court against Slaick to determine if Slaick received a valid deed from Day before her death. The administrator asserted the deed might not be valid based upon an after-acquired title problem, as well as issues of invalid consideration and fraud in the inception. Based upon the consent of the parties, the probate court transferred resolution of these issues to the superior court. Following a bench trial, the superior court ruled in favor of Day’s estate.

“The trial court is the trier of fact in a bench trial, and its findings will be upheld on appeal if there is any evidence to support them. The plain legal error standard of review applies where the appellate court determines that the issue was of law, not fact.” Citation and punctuation omitted. Crowell v. Williams , 273 Ga. App. 676 1 615 SE2d 797 2005. So viewed, the record shows that the real property at issue in this case was previously owned by Cora Belle Dorsey, who died on September 4, 1989. In her will, Dorsey devised the property at issue to Day and Slaick “share and share alike.” Slaick, as the executor of Dorsey’s will, filed an assent to the devise on August 2, 1991 “so that full fee-simple title thereto is vested in Day and Slaick as provided in Dorsey’s will.”

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