Decedent executed a deed conveying to himself and wife "as joint tenants and not as tenants in common with the right of survivorship." After decedent's death, the surviving spouse, plaintiff in this action for specific performance, entered into a contract to sell the land described in the conveyance to defendants who declined to accept a deed from the plaintiff. Defense, that the conveyance executed by decedent did not create a joint tenancy, therefore plaintiff did not have full title to convey. Held, the deed created a joint tenancy with the right of survivorship in the wife, the surviving wife acquiring full ownership on her husband's death. Switzer v. Pratt, (Iowa 1946) 23 N.W. (2d) 837.
John F. O'Connor S.Ed.,
DEEDS--CO-TENANCY--CONVEYANCE BY GRANTOR TO HIMSELF AND WIFE,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol45/iss5/15