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Camp v. Camp

Supreme Court of Virginia
260 S.E.2d 243 (1979)


Facts

In 1955, Robert Camp, Jr. and his mother Tincy Camp (defendant) purchased a house and property. Tincy consulted a local attorney, who wrote the deed, which conveyed the property to Robert and Tincy “as tenants in common with the right of survivorship.” Robert later married Hilda Camp (plaintiff). Robert died in 1966, survived by Hilda, their children, and Tincy. Hilda contends that the deed conveyed the property to Robert and Tincy as tenants in common and asked the court to find that Hilda and her children had a one-half interest in the property. Tincy maintained that she was a joint tenant under the deed. Therefore, because she had survived Robert, Tincy had a fee-simple interest in the property. The trial court heard testimony from the attorney who had written the deed. The attorney asserted that he had made a mistake in using the phrase “tenants in common” and alleged that Robert and Tincy intended to receive the property with the right of survivorship between them. The trial court agreed and ruled that the real estate passed to Tincy in fee simple. Hilda appealed.

Rule of Law

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Issue

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Holding and Reasoning (Compton, J.)

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Dissent (Poff, J.)

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