Matter Of Estate Of Vadney

83 N.Y.2d 885, 612 N.Y.S.2d 375, 634 N.E.2d 976 (1994)

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Nature of the Case

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Facts

Decedent conveyed real property to herself and one of her sons (P). The deed did not describe the type of tenancy created and did not contain survivorship language. After decedent's death, P, as executor of decedent's estate excluded the property from the estate's assets under the assumption that the deed created a joint tenancy with a right of survivorship in him. Decedent's other children (D) argue that the deed created a tenancy in common. P sued for a reformation of the deed, claiming that a joint tenancy was intended, but the language creating it expressly was omitted due to scrivener's error. The lower court refused to admit extrinsic evidence and dismissed the petition. The Appellate Division reversed and granted the petition. D appeals.