Jackson v. O’Connell Case Brief

Summary of Jackson v. O’Connell

Facts: parcel of real estate was devised to three sisters, Nellie Duffy, Anna Duffy and Katherine O’Connell, as joint tenants; Nellie conveyed all her interest in the properties to Anna; Anna died, and in her will left whatever interest she had in the land to four nieces, P’s. Following her death, P’s commenced suit against D; P’s claim that Nellie’s deed to Anna severed in its entirety the joint tenancies existing between the sister and that a s a result, Anna became the owner of an undivided two-thirds interest and the D a one-third interest, as tenants in common; D counter-claimed that Nellie’s deed to Anna severed the joint tenancies only so far as the grantor’s one-third interest was concerned and that upon Anna’s death the two-thirds interest became hers as surviving joint tenant, thus P’s are entitled to a one-twelfth interest only, and not a one-sixth, each.

Issue: Was the effect of Nellie’s deed to severe the joint tenancy of three sisters?; if joint tenancy was severed, land will not succeed to D as a matter of law.

Holding: No; decree affirmed, FOR D

Rule: Where one joint tenant conveys to one of his cotenants, where there are more than two, the cotenant grantee holds the share conveyed as a tenant in common, taking it at a different time by a different title, while his original share is held with the remaining cotenants as a joint tenancy, the unity continuing to that extent.

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