context: [P 11] Finally, we reject Amile's argument that gratuitous conveyances may be set aside on the basis of a unilateral mistake of fact or law, even in the absence of any inequitable conduct on the part of the grantee. We adopt the reasoning of the Supreme Court of Virginia and conclude that a deed of gift may not be reformed due to the grantor's unilateral mistake in understanding the legal effect of the deed unless the grantor can demonstrate inequitable conduct on the part of the grantee.
citation_a.signal: cf.
citation_a.identifier: 629 A.2d 59, 60-61
citation_a.parenthetical: grantor's motive for transferring property to wife in joint tenancy does not overcome the presumption of a gift to the martial estate created by the deed
citation_a.sentence: See also Poling v. Northup, 652 A.2d 1114, 1116 (Me.1995), Lietz v. Berry, 543 A.2d 367, 368 (Me.1988) (ruling that when only one party misunderstands the effect of a deed, reformation is not available); cf. Weeks v. Weeks, 650 A.2d 945, 947 (Me.1994); Lalime v. Lalime, 629 A.2d 59, 60-61 (Me.1993) (grantor’s motive for transferring property to wife in joint tenancy does not overcome the presumption of a gift to the martial estate created by the deed).
citation_b.signal: see also
citation_b.identifier: 543 A.2d 367, 368
citation_b.parenthetical: ruling that when only one party misunderstands the effect of a deed, reformation is not available
citation_b.sentence: See also Poling v. Northup, 652 A.2d 1114, 1116 (Me.1995), Lietz v. Berry, 543 A.2d 367, 368 (Me.1988) (ruling that when only one party misunderstands the effect of a deed, reformation is not available); cf. Weeks v. Weeks, 650 A.2d 945, 947 (Me.1994); Lalime v. Lalime, 629 A.2d 59, 60-61 (Me.1993) (grantor’s motive for transferring property to wife in joint tenancy does not overcome the presumption of a gift to the martial estate created by the deed).