Catherine
Vadney conveyed Blackacre “to herself and her son Peter.”
Her intention
was to create a Joint Tenancy between herself and Peter.
She dies with a will that has a residuary clause
providing that any property not specifically devised by her will would be
shared equally by all of her surviving children (Peter and his 3 siblings).
Did the deed
create a Joint Tenancy between Catherine and Peter (thus Peter as the survivor
takes all), or a Tenancy in Common in which case Catherine’s one-half share
would pass under the will to all the children equally?
What is the problem with this deed?
p. 394 Note
2—should an attorney be liable for malpractice if he fails “to carry out clear
instructions by the client as to a desired legal effect" Should my doctor be liable for medical malpractice if I go under the knife to have my right leg amputated and he mistakenly amputates my healthy left leg?
