Property Keyed to Rabin
Margarite v. Ewald
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A deed conveyed property to “John Ewald and Mary B. Ewald his wife and Joseph Ewald . . . as tenants in common with the right of survivorship.” Mary died intestate, leaving John and her son Mario Margarite (Plaintiff) as her sole heirs at law. John Ewald died about a year later, bequeathing his entire estate to George Ewald (Defendant). Joseph Ewald (Defendant), the third grantee in the original conveyance, was still living. Plaintiff petitioned for an interpretation of the deed to ascertain his interest, if any, in the property in question.The trial court held that the deed created a tenancy in common that gave each grantee a one-third interest. Thus Mary’s one-third interest was divided between John Ewald and Plaintiff, giving the latter a one-sixth interest. On appeal, Defendants’ argued that the deed created between John and Mary a tenancy by the entirety, which should have given John, and in turn George, an undivided one-half interest.
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