Crowther v. Mower

876 P.2d 876 (1994)

Facts

Nellie, owned in joint tenancy with P, her husband. Nellie executed a quitclaim deed conveying her interest in the Property to her son, D. D was told that if Nellie predeceased P, D should record the deed immediately. Nellie died on August 9, 1991, and D recorded the deed six days later. P sued to quiet title in that the deed did not terminate the joint tenancy because of D's failure to record the deed prior to Nellie’s death. Thus, the Property vested in P by reason of survivorship. The trial court granted summary judgment for P and D appealed.