Saturday, February 07, 2026

Jackson v. O'Connell: Two Situations

 Grutz conveys "to Nellie, Anna, and Katherine as joint tenants with right of survivorship."

Case One 

Nellie conveys her interest in Blackacre to Pete Ricketts.

What result?

--Ricketts holds a 1/3 interest as a tenant in common with Anna and Katherine. 

--Anna and Katherine continue to hold the remaining 2/3 interest as joint tenants with right of survivorship. See casebook p. 391. 

So, if Anna dies first, Katherine owns a 2/3 interest as the surviving joint tenant. Ricketts has a 1/3 interest as a tenant in common with Katherine.

Do y'all understand this?

Case Two

Now, instead of conveying her interest to a third party (Ricketts), Nellie conveys her interest to Anna, one of the original joint tenants.

Now what result? When Anna dies and devises her interest in the property to her 4 nieces [she loves her nieces to pieces], do they get 1/3 or 2/3?

Is it possible to argue that the entire joint tenancy has been severed? On what theory?