This section contains the nature of the case and procedural background.

P and Ds, husband and wife, owned title to real estate as joint tenants with right of survivorship. P filed a complaint in equity seeking to obtain partition of the real estate. The complaint was not served until March 9, 1982. On January 10, 1982, P had died. Ds' answer to the complaint contained an averment that P had died and that title had passed to Ss by right of survivorship. P's executrix alleged an agreement 'that Ds would pay $ 20,000.00 in cash to P' for P's interest in the real estate. P presented a letter but it was merely an offer of $20,000 for P’s share. The trial court dismissed the complaint. P appealed.

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