James v. Taylor
Court of Appeals of Arkansas
969 S.W.2d 672 (1998)
Redmon conveyed property to her three children "jointly and severally," retaining a life estate; after two children and Redmon died, the surviving child, Taylor (plaintiff), sought a declaration that the conveyance created a joint tenancy with right of survivorship, making her sole owner, while her deceased brothers' descendants (defendants) argued it created only a tenancy in common. Taylor offered extrinsic evidence that Redmon intended a joint tenancy, but that intent was never expressed in the deed itself; the trial court found for Taylor, and the defendants appealed.
Whether an instrument of conveyance that does not show an intent to create a right of survivorship can nonetheless create a joint tenancy.