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James v. Taylor
James v. Taylor
Citation:
969 S.W.2d 672 (1998).Facts
The grantor, plaintiff’s mother, executed a deed conveying property “jointly and severally, and unto their heirs, assigns, and successors forever,” to her three children, Melba Taylor (the plaintiff), W.C. Sewell, and Billy Sewell. The grantor retained a life estate in the property for herself. Shortly after, both W.C. Sewell and Billy Sewell died, and then two years later, the grantor died. The plaintiff claims the grantor meant to convey a joint tenancy in the property to her and her brothers, making the plaintiff the sole owner, but the defendants, descendants of the plaintiff’s brothers, claim the grantor meant to convey a tenancy in common, making them and the plaintiff co-owners of the property. There was extrinsic evidence that the grantor informed her attorney that she wanted the deed drafted such that if one of her children died, the property would belong to the other two children.
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Topic Resources
Topic Outline
Concurrent OwnershipTopic Refresher Course
Intro to Concurrent Estates and Tenancy in Common