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Matter of Estate of Vadney Case Brief

Summary of Matter of Estate of Vadney 

Facts: Decedent executed a deed conveying her property to herself and her son, P; deed did no describe the type of tenancy created or any survivorship language; upon the decedents death, P excluded said property from the estate assets with the assumption that the deed created a joint tenancy with a right to survivorship, thus passing the land solely to him upon decedent’s death; Respondents content that the deed created a tenancy in common, which means her proportionate interest in the subject property would pass upon her death to all her surviving children

Issue: Whether the decedent intended to crate a joint tenancy rather than a tenancy in common

Holding: Yes; Order affirmed, FOR Petitioner

Reasoning: P has met his burden of proving that the decedent intended to create a joint tenancy and that the language manifesting such an intent was mistakenly omitted from the deed by the attorney who drafted the deed.  Attorney produced evidence that indicated that decedent desired the co-ownership interest created by the deed to include the right of survivorship.

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