Monday, January 6, 2014

Margarite v. Ewaldv case brief

Margarite v. Ewaldv case brief summary
381 A.2d 480 (1977)

Appellants, grantee and beneficiary, challenged a judgment from the Court of Common Pleas of Philadelphia County (Pennsylvania), which granted declaratory judgment in favor of appellee claimant.

Property was conveyed to appellant individual and to decedent husband and wife. Appellee claimant sought a declaratory judgment that the property had been granted to the three grantees as individual tenants in common, so that when his mother died, he inherited one-sixth of the property, as part of his half of her estate. Appellants, grantee and beneficiary of decedent husband's estate, who was decedent husband's brother, and sole beneficiary of his estate, claimed that the husband and wife had received only one-half of the property, held as tenants by the entireties, and that upon the wife's death, her interest was absorbed into the husband's.

The trial court granted declaratory judgment in favor of appellee.

On appeal, the court reversed and remanded the matter, finding that the language of the conveyance clearly expressed its intention to grant the property to the individual, and to the couple, as tenants in common, and that the couple held their share as tenants by the entireties, so there was nothing to pass to appellee upon the wife's death.

The trial court's declaratory judgment in favor of appellee claimant was reversed and remanded because appellant beneficiary had inherited the decedent husband's interest in the property in question after receiving his survivorship rights to decedent wife's interest upon her death.

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