Brice v. Wood

Summary

The Colorado Court of Appeals held that claims seeking reformation of deeds and imposition of a constructive trust were timely under Colorado's probate nonclaim statute. The claims arose when the parties discovered a mutual mistake in the property descriptions, rather than when the original deeds were delivered, and the case was remanded for consideration of the claims' merits.

Holdings

1. The claim for reformation was timely under section 15-12-803(2)(b), C.R.S., because it did not arise until July 5, 1984, when the mutual mistake was discovered; the September 11, 1984 filing was within four months.
2. For purposes of section 15-12-803(2)(a), the performance due from the personal representative was not the original issuance of the deeds but the duty to reform the deeds or otherwise correct the error after discovery of the mutual mistake.
3. The alternative claim for imposition of a constructive trust was also timely under section 15-12-803(2)(b).

Questions Presented

1. Whether the claims for reformation of the deeds were timely under Colorado's probate nonclaim statute.
2. Whether the claim for imposition of a constructive trust was timely under Colorado's probate nonclaim statute.
3. Whether the claims arose when the original deeds were delivered or when the mutual mistake was discovered and an adverse claim required corrective relief.

Disposition

reversed_and_remanded