58 A.2d 355 | Pa. | 1948
Lead Opinion
Raymond Maxwell and Jessie A. M. Maxwell were married in 1914; a daughter, Bernice H. Maxwell, was born to them in 1917. They lived together in Conshohocken until 1930 when Maxwell left his wife and went to live with Emma Saylor in Norristown, where she conducted a large boarding house. His intimacy with her was such that they came to be known in the neighborhood as husband and wife. In 1942 Emma Saylor, being desirous of reducing the size of her establishment, bought for that purpose a property at 818 Green Street; Maxwell moved with her and remained there until his death in 1945. When the Green Street property was purchased title was taken in the name of Raymond Maxwell and Emma Maxwell, "his wife", and the grant was to them, "their heirs and assigns, as tenants by the entireties". *96 The purchase price was $3250 of which Emma Saylor paid $200 in cash; she and Maxwell gave a note for $800 and signed a bond and mortgage for the remaining $2250, and subsequently Emma Saylor paid the $800 in monthly installments; she has also paid all the interest on the mortgage to date. Maxwell made no contribution whatever to the purchase price. When he died his wife and daughter brought the present bill in equity for partition, on the theory that, as his heirs, they were the owners of an undivided one-half interest in the property.
We are of opinion that plaintiffs' claim is not well founded and that the court below was in error in holding to the contrary. It is true, of course, that Maxwell and Emma Saylor, even though she was designated in the deed as Mrs. Maxwell, could not take title as tenants by the entireties, since that type of seisin is limited to grantees who are legally husband and wife. But it was held in Thornton v. Pierce,
The question here is: What is such appropriate form of tenancy? This depends entirely upon the intention of the parties, which is the ultimate guide by which all deeds must be interpreted: Hindman v. Farren,
It is contended by plaintiffs that the phrase in the deed "their heirs and assigns" is in conflict with, and serves to negative, any presumed intention to create a right of survivorship; this argument fails, however, in view of the fact that "their heirs and assigns" are not words of purchase but of limitation, such being their time-honored use for the purpose of conveying a fee simple title. Nor are we unmindful of the fact that the right of survivorship as an attribute, or necessary incident, of joint tenancy was abolished by the Act of March 31, 1812, P. L. 259, 5 Sm. L. 395. But that statute does not prevent the creation of the right of survivorship by the express words of a will or deed or by necessary implication, and no particular form of words is required to manifest such an intention.*
In the present case it is especially just and proper that defendant should be conceded the right of survivorship since every dollar of the money invested in the property was hers and not Maxwell's; it is inconceivable that the parties could have intended, under such circumstances, that upon Maxwell's death she should be deprived of any part of the title to a property which was acquired solely by the fruits of her own labor.
Decree reversed and bill dismissed; costs to be paid by plaintiffs. *98
Dissenting Opinion
I dissent from the majority opinion. This decision is contrary to reason and is unsupported by legal authority. A married man and a woman (not his wife) acquired title,as husband and wife, as "tenants by the entireties". Such seisin was not effective because the parties were not in fact husband and wife. I do not agree that under the guise ofconstruing the deed this Court may decree a supposed intention contrary to that expressed. Such interpretation rests upon the supposed theory that because tenancy by the entireties has an attribute of survivorship, the parties must have intended to create a joint tenancy with survivorship. To support such animplied intent, additional words must appear in the deed which expressly or by necessary implication disclose such intent. I disclaim a legal doctrine which strikes down as inoperative anexpress seisin but uses the same invalid words to set up animplied seisin of a different quality.
The statement of the parties concerning their relationship was false. The expressed tenancy — tenancy by the entireties — was based upon this false statement. I would disregard the falsity and construe the deed as though such false statement and consequent inoperative seisin had been omitted. With such omission, the words of the deed constitute the parties tenantsin common or at least joint tenants without survivorship. This was decreed by the court below, and which I would affirm.
In construing the words of any written document — whether it be a deed, will, contract or any other writing — the intent of the parties is the guide to interpretation. Hindman v. Farrenet al.,
The quality of seisin in a joint tenancy with survivorship is quite dissimilar to that of an estate by the entireties. In such joint tenancy, each tenant is regarded as the tenant of the whole only for the purpose of tenure and survivorship. For the purposes of alienation and forfeiture, each has an undivided share. Thus joint tenants may hold as co-owners and the whole may pass to the survivor. But either joint tenant maysever the tenancy by alienation of his share or his creditors may attach and sell it, in which event the title is thereafter held as tenancy in common: Madden et al. v. Gosztonyi Savingsand Trust Company,
It is but a matter of conjecture what the parties would have intended had they known that they could not take as tenants by the entireties. Again quoting from Perrin v. Harrington, supra, p. 946: "The deed clearly and in so many words expressing the intention of the grantees to take and hold as tenants by the entirety, and, it being impossible for them to take in that tenancy, it is not to be presumed that they intended to take in some other tenancy which does not give effect to the intention. Non constat, if they had been advised that they could not take as husband and wife, they would have chosen to take as tenants in common rather than as joint tenants, or by conveyance to them as tenants in common or joint tenants during their joint lives with remainder to the survivor. When we enter upon the field of conjecture, the point at which we find the parties would have ultimately landed cannot be determined." The correctness of this statement is demonstrated when we observe, in other litigation, the varying degrees of generosity displayed by a man toward his mistress or by a woman toward her lover. I am unimpressed with the supposed equity that it was the woman's money which purchased the real estate. This was not proven. Decision on this point was expressly withheld by the court. At the appellant's election, she could have deeded the property to decedent in fee, or the parties could have taken title as tenants in common or as joint tenants in express terms. They did take title as husband and wife. In fixing the taxability of joint tenancy with survivorship, even the Pennsylvania tax statute does not consider whose money was actually used in acquiring the asset: Cochrane's Estate,
I agree with the decision in Thornton v. Pierce,
There are two statements in the opinion of Thornton v.Pierce, supra, with which I am in complete accord: It is said on p. 16 et seq.: "It is true that tenancy by entireties is limited to the case of a husband and wife, and therefore Pierce and Mrs. Thornton could hold title only as joint tenants or tenants in common. But the fact that in this respect the deed was ineffective did not wholly invalidate it, nor prevent the grantees from receiving and holding title under such form of tenancy as was appropriate under the circumstances. In cases where conveyances have been made to persons described as husband and wife, because believed to be such by the grantors and by themselves, it being either expressly *102
stated or impliedly intended that they were to take by entireties, but where it was discovered that they were not lawfully married and therefore could not hold under such a tenancy, they have been allowed to take the estate either asjoint tenants or tenants in common: McKee v. Bevins,
In that case this Court said that it was only persons who were married who could take as tenants by the entireties; that when unmarried persons did take title as tenants by the entireties, such tenure was ineffective; that such parties held as joint tenants or tenants in common "as was appropriate underthe circumstances". We did not imply by this language (which was largely dictum) that the court possessed discretion to determine whether the tenure was joint or in common. Neither did we decide that unequivocal words could be construed to include an additional intent not expressed. "Appropriate under the circumstances" clearly meant whether, as in the Maryland and Massachusetts cases herein referred to, there wasadditional language used in conjunction *103
with the grant which indicated the true intent. Whilecalling a tenancy by an erroneous name, the grantor may, nevertheless, create a correct tenure. For example: by analogy, if a testator calls a fiduciary an executor or administrator, but bestows upon such fiduciary the duties of a trustee, the status of a trustee is thereby created. Sheets' Estate,
It is true, the Act of March 31, 1812, P. L. 259, 20 PS, 121, did not abolish the common law estate of joint tenancy. It took away the incident of survivorship and provided that, upon the death of a joint tenant, the estates of joint tenants shall ". . . be considered to every other intent and purpose in the same manner as if such deceased joint tenants had been tenants in common." See: Redemptorist Fathers v. Lawler,
I emphatically disagree with the statement in the majority opinion that: ". . . Their declared intention was to own the property as tenants by the entireties. . . . This was equivalent to stating in so many words that they desired to establish a right of survivorship. . . ." Two Maryland cases are cited in alleged support of this statement. In the first case, Michael v. Lucas,
Tiffany Real Property, third ed., section 431, p. 220, states: ". . . if a conveyance is made to two persons under the mistaken impression that they are husband and wife, they would take as tenants in common rather than as tenants by entireties, except as the intention that they shall hold as tenants by the entireties may be regarded as effective to create a join tenancy, which more closely resembles a tenancy by the entireties" (emphasis supplied). Footnote No. 46 cites Mitchellv. Frederick, supra, Morris v. McCarty, supra, and 92 A.L.R. 1412, 1420, supra.
The parties in this case were under no mistaken impression as to their true status. They made no honest mistake. Decedent's wife and daughter lived in an adjoining borough not over four miles away. Falsely they took title as husband and wife. No additional words disclosing intention of survivorship — either express or implied — appear in the deed. There is no seisin either as tenants by the entireties or as joint tenants. I would cut away the falsity and leave the parties exactly where they placed themselves. Title properly stands in the names of "Raymond Maxwell and Emma Saylor" i. e.: tenants in common. I would affirm the decree of the court below. *106