In re Estate of Michael

218 A.2d 338 (1966)

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In re Estate of Michael

Supreme Court of Pennsylvania
218 A.2d 338 (1966)

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Facts

Joyce Michael executed a deed conveying a farm to “Harry L. Michael and Bertha M. Michael, his wife, tenants by the entireties and Ford W. Michael and Helen M. Michael, his wife, as tenants by the entireties with right of survivorship.” Ford Michael was the son of Harry and Bertha Michael. Harry Michael predeceased Bertha Michael. Bertha Michael died leaving a will that expressed her wish for the farm property to be distributed in probate to her son, Robert, and that her other son, Ford, receive $1,000 as an alternative gift. The probate court was tasked with determining the extent of Bertha’s interest in the farm based on the survivorship clause of the deed. The probate court concluded that the deed created a right of survivorship that acted to vest an undivided fee simple interest in the property in Ford and Helen Michael upon the death of both Harry and Bertha Michael. Robert Michael appealed.

Rule of Law

Issue

Holding and Reasoning (Jones, J.)

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