Palmer v. Flint
Maine Supreme Judicial Court
161 A.2d 837 (1960)
Nathan Palmer and his wife, Alice (defendant), were the grantees of a deed conveying title “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.” Nathan and Alice divorced, at which time Alice executed a quitclaim deed conveying all her rights in the property to Nathan. Nathan later executed a deed to Frank Palmer who, in turn, conveyed the property in joint tenancy to Nathan and his sister, Roxa Palmer (plaintiff) using the same habendum clause as the original deed. Roxa Palmer filed suit seeking judgment affirming her ownership of the property or a reformation of the deed if it were determined to have conveyed any type of estate other than fee simple to Nathan and Alice Palmer. The lower court concluded that the original deed to Nathan and Alice Palmer had conveyed a life estate to the couple with the survivor holding a fee simple contingent remainder. The lower court further concluded that Alice Palmer’s contingent remainder could not be conveyed by way of the quitclaim deed she executed to Nathan Palmer. As a result, the court held that the subsequent conveyances to Frank Palmer and back to Nathan and Roxa Palmer as joint tenants had the effect of vesting an estate in Roxa Palmer for the lifetime of Alice Palmer, now Alice Flint, with a contingent fee simple remainder in Alice. Roxa Palmer petitioned the supreme court for review.
Rule of Law
Holding and Reasoning (Siddall, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.