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Albro v. Allen

Michigan Supreme Court

454 N.W.2d 85 (1990)

Relevant factsFree

Property was conveyed to Allen (defendant) and Albro (plaintiff) as "joint tenants with full rights of survivorship"; when Allen agreed to sell her interest to Kinzer (defendant), Albro sued to block the sale, and the trial court permanently enjoined it. The Court of Appeals characterized the arrangement as a joint life estate followed by a contingent remainder to the survivor, and held Allen couldn't convey her interest because doing so would convert the arrangement into a tenancy in common and destroy Albro's survivorship right.

IssueFree

Whether a person sharing a joint life estate with full rights of survivorship may convey his interest without destroying the remaining joint tenant's right of survivorship.

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