Downing v. Downing

606 A.2d 208 (1992)

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Nature of the Case

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Facts

In 1972, Helen conveyed a farm to a straw man, and he immediately reconveyed the property to Helen and her son John Jr. as joint tenants, their heirs and assigns, forever in fee simple. Prior to this conveyance, Helen has assisted John Jr. in negotiating an agreement with another farmer for a license to raise and harvest crops in exchange for payments to Helen. The deeds on the conveyance were silent regarding this agreement. The agreement continued in force after the deeds were delivered. Helen then married again, and a mortgage was executed on the property in favor of Union National Bank with both Helen and John Jr. signing. Helen died just two years later, but her will made no mention of the farm, but the residue of her estate was to go to John Jr. and his sister Bonnie. Bonnie filed suit to have the 1972 deed conveying the farm construed as creating a tenancy in common. The master concluded that no joint tenancy had been created as there was no right to survivorship spelled out in the deed. The master also noted that the mortgage and farming agreement would have destroyed the joint tenancy in any event. The circuit court ruled that the deed created a joint tenancy but that it was destroyed by the subsequent mortgage. The farm was thus held as tenants in common. John Jr. appealed.