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Property Keyed to Chase
Hoover v. Smith
Citation:
444 S.E.2d 546 (Va. 1994)Facts
Add and Bessie Shoemaker acquired one acre of land in Rockingham County by deed dated November 1, 1928. The deed specified they were “to have and to hold the said land and tenements as joint tenants, and not as tenants in common.” Add died intestate in 1951, survived by his wife Bessie and several children. After Add’s death, Bessie conveyed what purported to be the entire interest in a 0.542-acre portion of the land to their son Wilmer. When Wilmer died, he devised this tract to Shelby Moubray, who later conveyed it to David and Vivian Smith in 1988. In 1992, several of Add and Bessie’s children filed a bill of complaint claiming that Add and Bessie had held the property as joint tenants without survivorship rights, and therefore Add’s one-half interest had passed to his heirs upon his death.
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