Margarite v. Ewald,

381 A.2d 480 (1977),

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Nature of the Case

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Facts

The real estate at issue was conveyed to John and Mary Ewald as husband and wife and Joseph Ewald as tenants in common with right of survivorship. Mary died intestate on November 8, 1973, which left John and her son, Mario Margarite as her sole heirs at law. John died on August 20, 1974, and bequeathed his entire estate to his brother George Ewald. The other grantee to the deed is still living. Mario filed a petition for a declaratory judgment to interpret the deed and to determine if he had any interest in his mother's share of the property. The lower court held that the deed created a tenancy in common in which each grantee-owned a 1/3rd interest. The court then ruled that Mario had a 1/6th interest. George appealed contending that the deed created a tenancy by entireties in John and Mary's share and that upon her death John had a 1/2 interest in the property with Joseph.