JOINT TENANCY - RIGHT TO TRANSFER BY ONE PARTY - RIGHT OF SURVIVORSHIP

Authors

John H. Pickering, University of Michigan Law School

Abstract

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 right of survivorship was gone and the son and the grantee of the father held as tenants in common. Another decision handed down the same day construed a deed reading to A and B "as joint tenants and not tenants in common, and to the survivor thereof, parties of the second part" to create an indestructible right of survivorship.

Recommended Citation

John H. Pickering, JOINT TENANCY - RIGHT TO TRANSFER BY ONE PARTY - RIGHT OF SURVIVORSHIP, 38 Mich. L. Rev. 875 (1940).
Available at: https://repository.law.umich.edu/mlr/vol38/iss6/7