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Property Keyed to Rabin
Kresser v. Peterson
Citation:
Supreme Court of Utah, 1984; 675 P.2d 1193Facts
Edward Kresser, Sr. owned a home with his wife Della Pyper as joint tenants with rights of survivorship. When Edward died, Della prepared a will that divided the property to Edward’s two sons, the Plaintiffs and her two sons, the Defendants. However, Della later executed a warranty deed, conveying the property out of her estate and to herself and her sons as grantees with the right of survivorship.
Della recorded the deed and placed it in a safety deposit box at a local bank under a lease agreement. The lease agreement was signed by herself and her sons. This agreement outlined that exclusive access to the deed was given to all three grantees and not one party. Plaintiffs filed suit to assert their interest in the property.
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