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Property Keyed to Sprankling
James v. Taylor
Citation:
969 S.W.2d 672 (Ark. Ct. App. 1998)Facts
Eura Mae Redmon conveyed a property to her two sons and one daughter “jointly and severally, and unto their heirs, assigns and successors forever.” The two sons died. The daughter, Plaintiff/Appellee Melba Taylor, filed a complaint seeking a declaration that her mother had intended to convey a joint tenancy, thereby upon the death of her two brothers, Appellee was the sole owner of the property. Defendant/Appellants were descendants of Eura Mae Redmon’s two sons. Appellants opposed the complaint, arguing that Eura Mae Redmon’s deed created a tenancy in common. Appellant contended that Arkansas law required that a real estate granted to two or more persons shall be a tenancy in common, unless expressly declared to be a joint tenancy. On the other hand, Appellee submitted to the Court extrinsic evidence of Eura Mae Redmon’s intention to create a joint tenancy with the right of survivorship among her children.
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Topic Resources
Topic Videos
Topic Outline
Concurrent OwnershipTopic Refresher Course
Intro to Concurrent Estates and Tenancy in Common