No. A mistake like a wrong notary date doesn't automatically cancel the deed. The court explained that a notary's stamp is mainly needed so the government can officially record the deed, not to make the deal itself valid between the people involved. The court pointed to a special 'saving' law that says a deed with technical flaws can still be okay if it was made honestly ('good faith') and for a fair trade ('valuable consideration'). The first judge made a mistake by focusing only on the bad notary stamp and not checking if the deal was honest and fair. So, the case was sent back to the first judge to look into those other important questions.

Yes, the lower court made a mistake. Just because the notary's signature wasn't valid doesn't mean the whole property transfer should be cancelled. The law says that as long as the deal was made honestly and something of value was exchanged, the transfer can still be valid. The lower court didn't check these things. So, we're sending the case back to the lower court to look at whether the transfer was done honestly and if something valuable was exchanged. We also want to point out that just because the deed says it was exchanged for $1, doesn't mean that's all that was given. The court can look at other evidence to see if more was actually exchanged.

No. A defective acknowledgment does not automatically render an otherwise valid conveyance void. The primary purpose of an acknowledgment is to make an instrument eligible for recording, not to validate the conveyance itself between the parties. The probate court erred by focusing exclusively on the defective notarization and invalidating the deed on that basis alone. Well-established Michigan precedent holds that a deed is valid between the parties even if it is not properly acknowledged. Furthermore, Michigan's 'savings statute,' MCL 565.604, expressly provides that a conveyance made in good faith and for valuable consideration will not be voided due to a defect in its acknowledgment. The probate court should have made factual findings regarding good faith and valuable consideration before deciding the deed's validity. The case is therefore remanded for the probate court to take further evidence on these issues.

Yes, the probate court erred in setting aside the quitclaim deed based solely on the defect in the acknowledgment without considering whether the deed was made in good faith and for valuable consideration. I hold this because under Michigan law, an invalid acknowledgment does not render void an otherwise valid conveyance of real estate. The purpose of acknowledgment is to entitle the instrument to record, not to give validity to the conveyance. Furthermore, MCL 565.604 expressly provides that a deed may remain valid even if the acknowledgment is defective, as long as it was made in good faith and upon valuable consideration. The probate court failed to make any findings regarding whether good faith and valuable consideration were present in this case. Therefore, we reverse the probate court's order and remand for further evidence to be taken on the issues of good faith and consideration, and any other relevant issues. We also note that the stated consideration of $1 in the deed is not conclusive evidence that the deed was a gift, as parol evidence is admissible to show that the true consideration was different from that expressed in the deed.

In Re Duke Estate

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