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Question 18
18. Sharon owned a parcel of land adjoining the sea with flat terrain at the
center and elevated rocky northern part. Sharon executed a written
instrument where she donated the portion with flat terrain to Nicholas who
accepted it in the same instrument. After survey, Nicholas discovered that
the land described in the deed of donation refers to the rocky northern
portion. However, Sharon already died without correcting the mistake.
Nicholas asked the heirs of Sharon to execute an amended deed of
donation over the flat terrain but was refused. Nicholas filed against the
heirs of Sharon an action for reformation of instrument to reflect the real
intention of the parties. May the trial court compel the heirs of Sharon
to reform the instrument and execute an amended deed of donation?
Explain.
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