Palmer v. Flint

156 Me. 103, 161 A.2d 837 (1960)

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Nature of the Case

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Facts

The land at issue was conveyed to Nathan H. Palmer and his wife, Alice E. Palmer 'as joint tenants, and not as tenants in common, to them and their assigns and to the survivor, and the heirs and assigns of the survivor forever.' Later, Alice (D) divorced Nathan and conveyed her interest in the property to him by quitclaim deed. Nathan then conveyed the property to a third party, who conveyed it back to him and his sister, Roxa B. Palmer (P) 'as joint tenants and not as tenants in common, to them and their heirs and assigns, and to the survivor of them, and to the heirs and assigns of such survivor forever.' After Nathan's death, P filed a declaratory judgment action requesting the court to determine the rights and status of the parties with respect to the land, and, if it should appear that the deed did not convey the estate which the grantor intended, to reform the deed to reflect the true intention of the parties. The lower court found that the parties intended to convey the estate which was described in the deed; that D's conveyance to her husband was ineffective to convey her contingent remainder; and that the state of the title was a life estate in P for the life of D, remainder to D. P appealed, claiming that the deed created a joint tenancy in fee simple; that this was the intent of the parties; that in the event the court finds that the deed created a joint life estate with remainder over to the survivor, the remainder is vested and not contingent; and that the deed from D to Nathan was effective to convey her interest in the premises, so that Nathan took fee simple title to the entire premises.