Jackson v. O'Connell

Three sisters, Anna Duffy, Nellie Duffy, and Katherine O'Connell (defendant), held property as joint tenants. Nellie deeded her interest to Anna. When Anna later died, her will left her interest in equal shares to four nieces (plaintiffs), who sued O'Connell, the last surviving sister, to partition the property. The nieces argued Nellie's deed severed the entire joint tenancy, leaving O'Connell a mere one-third tenant in common and Anna a two-thirds tenant in common at her death (so the nieces would inherit two-thirds). O'Connell argued the deed only severed the tenancy as to Nellie's share, leaving Anna holding one-third as tenant in common plus two-thirds still in joint tenancy with O'Connell — meaning that two-thirds passed entirely to O'Connell by survivorship when Anna died. The probate court and court of appeals agreed with O'Connell.