James V. Taylor
Court of Appeals of Arkansas, Section III, 1998
62 Ark. App. 140, 969 H. W. second 672
INFORMATION: Eula Mae Redmon presented certain property to her kids, W. C. Sewell, Billy Sewell, and Melba Taylor swift, by means of a January 1993 deed. The action recited that the property was conveyed to the three grantees " collectively and severally, and unto their spouse, children or other loved ones, assigns, and successors permanently, " susceptible to a your life estate stored by Mrs. Redmon. W. C. Sewell died in November 1993. Billy Sewell died couple of years later. Following Mrs. Redmon passed away in 1997, Melba Taylor filed a declaratory judgment action in which the lady asked the court to rule that her mother had meant to convey the property to the 3 grantees since joint renters and that Taylor, by virtue of her brothers' deaths, had become single owner with the property beneath the right of survivorship. Descendants of T. C. and Billy Sewell (referred to hereinafter as " the Sewell descendants" ) compared with Taylor's request. They contended that Mrs. Redmon's action created a tenancy in common, and that they had been successful to the control interests T. C. and Billy Sewell held just before their deaths.
PROCEDURAL RECORD: The trial judge deemed extrinsic proof of Mrs. Redmon's intent and concluded that she meant to communicate the property with her three kids as joint tenants with the right of survivorship. He for that reason held that Taylor had become sole owner of the home. The Sewell descendants appealed.
ISSUE: The matter in this case is actually a action from the overdue Eura Mae Redmon with her three children, W. C. Sewell, Billy Sewell, and appellee Melba Taylor, was obviously a conveyance to them while tenants in common or because joint renters with the right of survivorship.
RULE OF LEGISLATION: Under Arkansas law, a deed to 2 or more individuals presumptively makes a tenancy in accordance unless the deed specifically creates a joint tenancy. That they cite Ark. Code Ann. В§вЂ‚18-12-603 (1987), which scans as follows: вЂ‰" Every affinity for real...