Margarite v. Ewald

A deed conveyed property to "John Ewald and Mary B. Ewald his wife and Joseph Ewald" as tenants in common with survivorship rights; Mary died intestate, leaving John and her son Margarite (plaintiff) as heirs, and John later died bequeathing his estate to George Ewald (defendant), with Joseph Ewald (defendant) still living. The trial court held the deed created an ordinary tenancy in common giving each of the three grantees a one-third interest, meaning Mary's one-third passed one-half to John and one-half to Margarite (a one-sixth interest); George and Joseph appealed, arguing the deed instead created a tenancy by the entirety between John and Mary, giving John (and later George) an undivided one-half interest.