Sathoff v. Sutterer
Illinois Appellate Court
869 N.E.2d 354 (2007)
- Written by Jamie Milne, JD
Facts
In 1981, Theodore Busse conveyed property to Roger Sathoff (plaintiff) and spouses Paul and Melba Busse as joint tenants with a right of survivorship. Each tenant held an equal one-third interest in the property, and the right of survivorship meant that as each tenant died, his or her interest would automatically pass to the surviving tenants in equal share, with the last surviving tenant eventually owning the property outright. In 1996, Paul and Melba executed a deed that transferred their two-thirds interest in the property to themselves as joint tenants. The intended effect was to sever the joint tenancy with Sathoff, terminating his right of survivorship, and create a new joint tenancy between Paul and Melba as to the two-thirds property interest. Paul died, followed by Melba. After Melba’s death, Sathoff filed a quiet-title action against Wayne Sutterer (defendant), the executor of her estate. Sathoff sought a declaration that he was now the sole owner of the entire property. He argued that the 1996 conveyance from the Busses to themselves was ineffective to sever the original joint tenancy between the parties. The district court disagreed and granted Sutterer’s motion to dismiss the suit. Sathoff appealed.
Rule of Law
Issue
Holding and Reasoning (Wexstten, J.)
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