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Albro v. Allen

Michigan Supreme Court
434 Mich. 271, 454 N.W.2d 85 (1990)


On October 14, 1977, property was conveyed to Carol Allen (defendant) and Helen Albro (plaintiff) as “joint tenants with full rights of survivorship.” On April 23, 1987, Allen agreed to sell her interest in the property to Steven Kinzer (defendant). On May 12, 1987, Albro brought suit seeking injunction against the sale. The trial court granted summary judgment for Albro and permanently enjoined Allen from selling or conveying her interest in the property. The Court of Appeals found that Albro and Allen held “a joint life estate followed by a contingent remainder in fee to the survivor.” Accordingly, the Court of Appeals held that Allen could not alienate her interest in the life estate because it would convert the joint life estate into a tenancy in common and thereby deprive Albro of her right of survivorship.

Rule of Law


Holding and Reasoning (Boyle, J.)

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