James v. Taylor

969 S.W.2d 672 (1998)

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Nature of the Case

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Facts

A deed was executed by Eura Mae Redmon to convey property to her three children. It was made 'jointly and severally, and unto their heirs, assigns and successors forever,' with Eura retaining a life estate. Two of the grantees died on November 18, 1993, and May 11, 1995. Eura died on February 17, 1997. The third child, P, filed a complaint seeking a declaration that her mother had intended to convey the property to the grantees as joint tenants, thereby making P, by virtue of her brothers' deaths, sole owner of the property. Ds, who are descendants of brothers, opposed the complaint on the ground that the deed created a tenancy in common among the grantees. The chancellor, upon hearing extrinsic evidence of Eura's intent, found that she meant to convey the property to her children as joint tenants with the right of survivorship. He thereby quieted title to the property in P. Ds appealed. P and Ds agree that the term 'jointly and severally' as used to describe an estate in property is ambiguous. They disagree over the rule of construction to be applied in the face of such ambiguity.