Property Keyed to Saxer
Estate of Phillips v. Nyhus
Theodore P. Phillips and Charles and Christina Nyhus (Plaintiffs) entered an agreement to purchase real estate together as joint tenants. On November 18, 1988, Phillips purchased the property and, on July 24, 1989, executed a quitclaim deed explicitly creating a joint tenancy between Philips and Plaintiffs. On July 19, 1990, Phillips and Plaintiffs entered an earnest money agreement with a third party to sell the property. Phillips passed away on July 28, 1990. Plaintiffs sued the estate of Phillips (Defendant) in order to declare their entitlement to the entire proceeds of the sale. The superior court commissioner entered summary judgment in favor of Plaintiffs and denied Defendant’s motion for revision of the decision.
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