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Real Property-Construction Of Deeds-Effect Of Phrase "And/Or Survivor" Following Names Of Grantees, Gene E. Overbeck S.Ed.
Real Property-Construction Of Deeds-Effect Of Phrase "And/Or Survivor" Following Names Of Grantees, Gene E. Overbeck S.Ed.
Michigan Law Review
The receiver of a bank deeded land "to Alfred Carothers and Delarma Hackett, or survivor." Plaintiff, Hackett's grantee, brought an action for construction of the deed. On appeal, held, the deed conveyed a moiety to each for life with remainder to the survivor in fee, and neither grantee, by a conveyance during his lifetime, could cut off the contingent remainder. Rowerdink v. Carothers, 334 Mich. 454, 54 N.W. (2d) 715 (1952).
Joint Tenancy - Right To Transfer By One Party - Right Of Survivorship, John H. Pickering
Joint Tenancy - Right To Transfer By One Party - Right Of Survivorship, John H. Pickering
Michigan Law Review
In two recent cases the Supreme Court of Michigan has had occasion to pass upon the doctrine of survivorship in joint tenancies. In one case the deed ran to father and son as joint tenants and contained a covenant that neither would sell without the written consent of the other. The father conveyed his interest without the son's consent and died. The court held that the deed created a joint tenancy, that since the restrictive covenant was void as a restraint on alienation and repugnant to the grant, the joint tenancy was severed by the father's conveyance, and therefore the …