311 Ga. App. 132
Ga. Ct. App.2011Background
- Lynette Greene sought declaratory judgment on a 1994 deed granting property to her and Lloyd Greene.
- The deed language: tenants in common for their joint lives, then to survivor in fee simple, with rights of remainder and reversion to heirs/assigns of survivor.
- Trial court held: (1) joint tenancy with right of survivorship; (2) Lynette was sole owner.
- Ernest Greene, heir under Lloyd's will, appealed; case was transferred to this Court by Georgia Supreme Court.
- Georgia Court of Appeals reverses the joint tenancy ruling but affirms Lynette’s sole ownership; deed should be read as life estates to both and a remainder to the survivor.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the 1994 deed create a joint tenancy with survivorship? | Greene argued the deed created a joint tenancy with survivorship. | Greene argued the deed created two life estates with a remainder to the survivor, not joint tenancy. | No joint tenancy; deed conveys life estates with remainder to survivor. |
| What interest did Lynette hold after Lloyd's death? | Ernest contends no sole ownership result from survivorship language. | Greene argues the survivor takes fee simple upon other’s death. | Lynette holds fee simple title as the survivor. |
| Does OCGA § 44-6-190 alter the result here? | OCGA § 44-6-190 creates joint interests with survivorship for two or more, unless language indicates otherwise. | deed conveyed life estates to two as tenants in common, not interests in common with survivorship. | No, § 44-6-190 does not apply to the remainder provision; it concerns joint interests only. |
| Did Lloyd's will affect the deed’s effect on the property? | Ernest asserts Lloyd attempted to devise his interest to his heirs. | No effect; life estate terminates and estate does not pass to Lloyd’s estate. | No effect; no interest passes to Lloyd’s estate upon his death. |
| Should the deed be construed to reflect the grantor’s intent as a whole? | Greene urges a construction favoring a fee simple to both or survivor. | Court must give effect to all provisions, including life estates and remainder. | Deed should be construed to give effect to all provisions; life estates to both with survivor’s fee simple. |
Key Cases Cited
- Imerys Marble Co. v. J.M. Huber Corp., 276 Ga. 401 (Ga. 2003) (deed construction as a question of law; precedent for de novo review)
- Second Refuge Church, etc. v. Lollar, 282 Ga. 721 (Ga. 2007) (supporting de novo standard and interpretive framework)
- Raulerson v. Smithwick, 263 Ga. 805 (Ga. 1994) (life estate termination rules for joint life estates)
- Williams v. Studstill, 251 Ga. 466 (Ga. 1983) (transfer of property to two as tenants in common with survivor taking fee simple)