Kurpiel v. Kurpiel
Supreme Court of New York, Special Term
271 N.Y.S.2d 114 (1966)
Relevant factsFree
Joseph Kurpiel (plaintiff) conveyed property to his then-wife Jenny Kurpiel and their son Edward Kurpiel (defendants) through a deed drafted by an attorney, which conveyed the property to all three parties "jointly and not as tenants in common." Joseph later filed an action to partition the property, implying he believed he retained a severable individual interest rather than being bound by full joint-tenancy survivorship rules.
IssueFree
Whether the use of the word "jointly" in a deed drafted by a lawyer is sufficient to overcome the presumption against joint tenancies.