Lawwly

In re Estate of Michael

Supreme Court of Pennsylvania

218 A.2d 338 (1966)

Relevant factsFree

A deed conveyed a farm to "Harry L. Michael and Bertha M. Michael, his wife, tenants by the entireties and Ford W. Michael and Helen M. Michael, his wife, as tenants by the entireties with right of survivorship," with Ford being Harry and Bertha's son; after Harry predeceased Bertha, and Bertha's will left the farm to her other son Robert (with a $1,000 alternative gift to Ford), the probate court had to determine Bertha's actual interest based on the deed's ambiguous survivorship language, ultimately concluding the clause gave Ford and Helen a right of survivorship that vested full fee title in them once both Harry and Bertha died; Robert appealed.

IssueFree

Whether Pennsylvania's Act of 1812 disfavors rights of survivorship and creates a presumption of tenancy in common absent a clear expression of the grantor's intent to establish a right of survivorship.

Unlock the full brief

Free accounts read 20 full briefs. No card required.

Related cases