Kresser v. Peterson

Edward Kresser and Della Pyper each had two sons before marrying each other and owning their home jointly with rights of survivorship. After Edward died, Della executed a will devising the property to all four sons, but seven years later executed a new deed naming herself and her two sons, the Petersons (defendants), as joint tenants, recording the deed and depositing it in a bank safety deposit box that Della and her two sons leased together as joint tenants. Edward's sons, the Kressers (plaintiffs), sued claiming a one-half interest in the property under the earlier will; the suit was dismissed because the later deed took the property out of Della's estate, and the Kressers appealed.