In re Knickerbocker

After filing for divorce from Bradford Knickerbocker (plaintiff) and learning she had a life-threatening disease, Christine Knickerbocker, wanting to preserve assets for her children from a prior marriage rather than let her jointly held house revert entirely to Bradford at her death, executed and recorded a deed conveying her interest in the house to herself "as a Tenant in Common," then conveyed that one-half interest to trustees for her children's benefit. Upon Christine's death, Bradford sued James Cannon (defendant), her brother and estate representative, challenging the severance; the trial court held the severance legally ineffective because Christine hadn't conveyed the property to a third party, and Cannon appealed.