Smith v. Cutler
South Carolina Supreme Court
623 S.E.2d 644 (2005)
Relevant factsFree
Ernest Smith (plaintiff) and his wife Joanne (defendant) held a deed stating they owned property "for and during their joint lives and upon the death of either of them, then to the survivor of them"; Ernest petitioned to partition the property, and the court of appeals ruled in his favor, prompting Joanne's appeal arguing the deed instead created an unpartitionable tenancy in common.
IssueFree
Whether a deed that conveys a true future interest in property to the survivor of the two owners creates a tenancy in common with rights of survivorship.