In Re Estate Of Michael

421 Pa. 207, 218 A.2d 338 (1966)

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Nature of the Case

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Facts

King deeded a farm to 'Harry L. Michael and Bertha M. Michael, his wife, tenants by the entireties, and Ford W. Michael and Helen M. Michael, his wife, as tenants by the entireties, with right of survivorship.' Ford was one of Harry and Bertha's two sons. Bertha's will named both of her sons as co-executors, and provided 'that my interest in the 'King Farm' situate partly in Wolf and partly in Moreland Townships go to Robert C. Michael, and the sum of $1,000.00, be paid to Ford W. Michael to balance this gift. A dispute arose as to what, if any, interest Bertha had in the farm. The lower court held that the deed created a joint tenancy with right of survivorship between the two couples named in the deed. Robert (P) appealed, arguing that the deed created a tenancy in common as between the two couples, with each couple holding its undivided one-half interest as tenants by the entireties. Ford (D), argues that, as to each other, the couples were joint tenant with right of survivorship.