Hunter Ex Rel. Hunter v. Hunter

Supreme Court of Missouri
320 S.W.2d 529, 69 A.L.R. 2d 1048, 1959 Mo. LEXIS 920 (1959)

ELI5:

Rule of Law:

When a will devises property to two or more people "as joint tenants with the right of survivorship," the explicit inclusion of the phrase "with the right of survivorship" expresses the testator's intent to create joint life estates with a contingent remainder in fee to the survivor, which cannot be unilaterally severed by one tenant's conveyance.

Facts:

On July 25, 1950, Martha Hunter Van Studdiford executed a will devising her real estate to her mother, Della B. Hunter, and her sister, Virginia Hunter, "as joint tenants with the right of survivorship."
Martha Hunter Van Studdiford died on November 17, 1951, at which point Della B. Hunter and Virginia Hunter took title to the land as described in the will.
On April 6, 1956, Della B. Hunter executed a deed conveying her one-half interest in the property to a third party, Joseph R. Stevens.
The next day, on April 7, 1956, Stevens executed a deed conveying that same interest back to Della B. Hunter for life, with the remainder interest to go to Della's granddaughter, Nancy Ann Hunter.
Ten days later, on April 17, 1956, Della B. Hunter died.

Procedural Posture:

Nancy Ann Hunter filed suit against Virginia Hunter in a Missouri trial court to determine title to a parcel of land.
The trial court entered a decree in favor of the plaintiff, Nancy Ann Hunter, holding that the joint tenancy had been severed by Della B. Hunter's conveyance.
The defendant, Virginia Hunter, appealed the trial court's judgment to the Supreme Court of Missouri.

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Issue:

Does a conveyance by one joint tenant sever the joint tenancy and destroy the right of survivorship when the will creating the tenancy explicitly used the phrase "with the right of survivorship"?

Opinions:

Majority - Westhues, J.

No. A conveyance by one joint tenant does not sever the joint tenancy when the will explicitly includes the phrase 'with the right of survivorship.' The court reasoned that the primary rule in will construction is to give effect to the testator's intent as expressed in the language of the instrument. While a devise creating a simple joint tenancy implies a severable right of survivorship by operation of law, the explicit addition of the words 'with the right of survivorship' demonstrates a contrary intent. This specific language creates a more robust interest: joint life estates with a contingent remainder in fee simple to the survivor. Therefore, one tenant cannot unilaterally destroy the other's contingent remainder interest through a conveyance, and the survivor is entitled to the entire estate.

Analysis:

This decision establishes a key distinction in Missouri property law between a joint tenancy where survivorship is merely implied by law and one where it is explicitly granted in a will. The ruling prioritizes the testator's presumed intent to create an indestructible survivorship right over the common law's default rule that joint tenancies are severable. It provides a mechanism for testators to ensure a specific outcome—that the survivor takes the entire fee—without resorting to more complex instruments like trusts. This holding significantly impacts how legal documents are drafted to create non-severable rights of survivorship, requiring drafters to be precise about their language.

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