Suppose Grutz conveys “to A
& B and their heirs as joint tenants and not as tenants in common.”
A & B own Blackacre in
fee simple absolute as joints tenants with right of survivorship.
If A dies first, the survivor
(B) will be the sole owner of Blackacre in fee simple absolute.
There is nothing left to
pass under A’s will or his intestate estate. His interest in Blackacre simply
ceased to exist when A died before B.
But now suppose, while still
alive, A conveys his interest in Blackacre to C.
Now what is the state of the
title?
The joint tenancy between A
& B is severed and B & C now have separate and equal interests as
tenants in common.
There is no right of
survivorship as between B & C.
Why don’t B & C hold as
joint tenants?
See p. 374 (discussing the 4
unities of a joint tenancy).
