432 Pa. 262 | Pa. | 1968
Opinion by
This appeal is from a determination of the court below that A. C. Thompson and the appellee acquired title to certain parcels of land described in a deed from Clarence J. Semple dated September 29, 1956, as joint tenants with the right of survivorship. The sole question presented for our consideration is whether the trial court was correct in holding that this deed to William J. M. Thompson and A. C. Thompson, brothers, as “tenants by the entireties” in fact created a joint tenancy with right of survivorship or, as appellant contends, a tenancy in common.
There was no evidence of intention presented to the trial court other than that contained in the conveyance itself; thus we will restrict our examination to the deed. Therein is the declared intention of the two brothers to take “as tenants by the entireties.” This of course was impossible since that tenure is limited to a dual ownership by husband and wife. Therefore it is our function to determine that form of tenancy "which will most nearly effectuate their intent. In Maxwell v. Saylor, 359 Pa. 94, 58 A. 2d 355 (1948), this Court held that a joint tenancy best fulfills an intent to create a tenancy by the entireties because both contain the survivorship feature. This holding is consistent with decisions of this Court and courts in other jurisdictions. See Bove v. Bove, 394 Pa. 627, 149 A. 2d 67 (1959); Cobb v. Gilmer, 365 F. 2d 931 (D.C. Cir. 1966); Sams v. McDonald, 117 Ga. App. 336, 160 S.E. 2d 594 (1968); Mitchell v. Frederick, 166 Md. 42, 170 A. 733 (1934); Morris v. McCarty, 158 Mass. 11, 32 N.E. 938 (1893). But see Perrin v. Harrington, 146 App. Div. 292, 130 N.Y.S. 944 (1911).
; The reasons for this conclusion seem quite clear. The most important feature of a tenancy by the entire-
Nor would it be proper to simply disregard the words “tenants by the entireties” as meaningless. These words are an expression of some intent which cannot be ignored entirely. See Coleman v. Jackson, 286 F. 2d 98 (D.C. Cir. 1960).
However, appellants in the instant appeal seek to distinguish or request that we overrule the earlier cases. First, appellants assert that all the cases both within and without this jurisdiction arose out of a presumption that a marital state existed between the
Next the appellants resurrect an old contention— that this Court decided there was a right of survivor-ship in Maxwell because the surviving spouse had paid the entire purchase price of the disputed estate. It is indeed true that the majority opinion mentioned this fact in the last paragraph. However, any misconception that this was a crucial fact was completely dispelled by the subsequent language of a unanimous Court in Teacher v. Kijurina, 365 Pa. 480, 76 A. 2d 197 (1950) : “. . . [I]t should be said that in our recent case of Maxwell . . . the majority opinion does in the last paragraph mention the fact . . . that the decision arrived at was especially just and proper since every dollar invested was that of the survivor. However, this was said after the decision was made on the basis of the language of the deed and uttered merely to show the ruling made accorded with the morals in that particular case.” This Court has emphasized that the rule in Maxwell is based upon the intention of the parties as set out in the conveyance or transfer and is not a matter of balancing the equities.
Appellants’ reliance is not well placed when they cite the Teacher case as a retreat from the doctrine established in Maxwell. The cases are easily distinguishable and the results in each are consistent. In Teacher the conveyance was “to Nick Kijurina and Sarah his wife.” Thus there was no explicit indication that the parties were attempting to create a tenancy by the entireties. While it is conceded that the same deed to two individuals who were actually husband and wife would have created a tenancy by the entireties, without the actual language of Maxwell it was entirely appropriate for the Court to hold that there was insufficient indication of an intent to create a survivorship estate. It is one thing to make the logical inference from tenancy by the entireties to joint tenancy with the right of survivorship. It is quite another to infer from “his wife,” to tenancy by the entireties, and then to joint tenancy. In the instant case the parties explicitly stated their intent to create a tenancy by the entireties, thus sparing this Court from the speculation which was inherent in the fact situation in Teacher.
Nor does any attempt to distinguish the trial court opinion in Nolan’s Estate, 82 Pa. D. & C. 197 (1952) aid the appellants. In Nolan the deed was to two sisters “as tenants by the entireties and not as tenants in common.” While it is certainly true that this fact situation represents a clearer expression that a sur
Finally, appellants urge that Michael Estate, 421 Pa. 207, 218 A. 2d 338 (1966) supports their position. The controversial language of the deed therein was: “Between Joyce E. King, widow, of Milton, Northumberland County, State of Pennsylvania, party of the first part, Harry L. Michael and Bertha M. Michael, his wife, tenants by the entireties and Ford W. Michael and Helene M. Michael, his wife, as tenants by the entireties, with the right of survivorship . . . .” (Emphasis supplied.) The issue was what type of tenure existed between the two sets of married couples inter se. The Court concluded that this language created a tenancy in common, relying on the Act of 1812 to resolve the ambiguity created by the possible interpretations of the language, “right of survivorship.” This was a proper disposition in.a ease where the court could not even tell whether “with right of survivor-ship” applied to one couple or both; but in the present case it is abundantly clear that. the designation “as tenants by the entireties” applies to the two brothers'.
Having discussed each of appellants’ reasons for reversing the determination below and concluding that they are without merit, the judgment of the trial court
Judgment affirmed.
Because our inquiry is limited to the expressed intent of the parties without regard to a balancing of the equities or the examination of extrinsic items, appellants’ argument that two young
The same speculation was inherent in the decision before this Court in First Federal Savings and Loan Association of Greene County v. Porter, 408 Pa. 236, 183 A. 2d 318 (1962), which accounts for the finding of a tenancy in common.