REAL PROPERTY-TENANCY BY ENTIRETIES-ESTATE CREATED BY PAROL GIFT FOLLOWED BY A VOLUNTARY SETTLEMENT

Authors

Ralph J. Isackson, University of Michigan Law SchoolFollow

Abstract

Prior to his death in 1892, X made a parol gift of 60 acres in a 360 acre tract to his daughter, W, or to W and her husband, H, and put them into actual possession but gave them no deed to the land. No evidence was shown to indicate that either W or H had paid the taxes or made any improvements on the land during X's lifetime. X died intestate and left surviving him five children, including W. All the heirs, except W, conveyed the 60 acre tract to W and H in consideration of a deed releasing all claims that W and H had in the remaining 300 acres. W died intestate in 1917, and in 1939 H executed a deed to defendants conveying a one-fourth royalty interest in the minerals in the 60 acre tract. Plaintiffs, the surviving children of W and H, brought this action in chancery, in 1943, to determine their right to said lands and royalties. Held, for the defendants, one judge dissenting. The parol gift followed by the exchange of deeds constituted a voluntary settlement which created a tenancy by entireties in W and H, so that upon W's death, H obtained full title by right of survivorship and therefore was able to convey the royalty interest to defendants. Rowland v. McAlester Fuel Co., (Ark. 1947) 201 S. W. (2d) 742.

Recommended Citation

Ralph J. Isackson, REAL PROPERTY-TENANCY BY ENTIRETIES-ESTATE CREATED BY PAROL GIFT FOLLOWED BY A VOLUNTARY SETTLEMENT, 46 Mich. L. Rev. 436 (1948).
Available at: https://repository.law.umich.edu/mlr/vol46/iss3/16