Allison v. Powell

481 A.2d 1215 (1984)

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Allison v. Powell

Pennsylvania Superior Court
481 A.2d 1215 (1984)

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  • Written by Sean Carroll, JD

Facts

Harold Allison (plaintiff) and Robert and Mary Jane Powell (defendants) owned property as joint tenants with rights of survivorship. Allison filed a petition for partition. While the petition was pending, Allison died. The Powells claimed that when Allison died, they acquired full title by their right of survivorship. The executrix of Allison’s estate disagreed. The Powells filed a motion for judgment on the pleadings. The trial court granted the motion. The executrix appealed.

Rule of Law

Issue

Holding and Reasoning (Wieand, J.)

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Casebooks

Property

Key Terms

  • PartitionA court order to divide a property into separate portions according to each party’s relative interest in the property.
  • Joint Tenancy with Right of SurvivorshipA form of property ownership in which each owner holds an identical interest in the property and a right to ownership of the co-owner’s share in the event of such co-owner’s death.

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