Camp v. Camp

260 S.E.2d 243 (1979)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

In 1955, Robert Camp, Jr., unmarried, and Tincy Camp, his mother, agreed to purchase a house. A Richmond attorney drew the deed in question, which was duly executed. The deed contained the usual formal parts. The premise included the names of the three grantors as 'parties of the first part' and the son and mother as 'parties of the second part.' The next paragraph contained the consideration, the recital of payment of purchase money, and the granting clause (there was no habendum), as follows: as tenants in common with the right of survivorship as at common law. Robert married Hilda in 1956. He died in 1966 survived by Hilda, six children, and his mother. A dispute arose between the mother and the widow as to the ownership of the property in question. Hilda (P ) filed this action against Tincy (D). P claimed that the property was conveyed to D and son as tenants in common. P sought a declaration that P and children had 'a one-half legal interest in said property.' D maintained she was a joint tenant under the deed and, because she survived her son, had a fee simple interest in the property. The chancellor received the ore tenus testimony of the attorney who drew the deed and, decided in favor of D. This appeal resulted.