Property Law Keyed to Cribbet
Matter of Estate of Vadney
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In this case decedent Catherine Vadney executed a deed conveying her house to herself and her son, Peter Vadney, and the deed failed to describe the type of tenancy created and contained no survivorship language. When decedent’s estate was probated, Peter Vadney, executor, left the house out of the listing of assets of the decedent, and the decedent’s other three children contended that the deed created a tenancy in common which would mean that her one-half interest would pass to all her children, instead of just Peter, who would take the entire property under survivorship. Petitioner Peter Vadney commenced this action to reform the deed and contended that the lack of language indicating a right of survivorship in the deed was contrary to grantor’s intent and was due solely to a scrivener’s error. The lower court denied the petition and the intermediate appellate court reversed the lower court and granted the petition. The Respondents, the other three children of decedent appe aled.
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