Jackson v. O'Connell
177 N.E.2d 194, 23 Ill.2d 52 (1961)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
When one of three or more joint tenants conveys their interest to another joint tenant, the conveyance severs the joint tenancy only as to the interest conveyed. The grantee holds the conveyed interest as a tenant in common, while the original joint tenancy continues with respect to the remaining shares held by the grantee and the other original joint tenants.
Facts:
- Neil P. Duffy owned several parcels of real estate.
- In 1936, Neil P. Duffy died, and his will devised the properties to his three sisters—Nellie Duffy, Anna Duffy, and Katherine O’Connell—as joint tenants.
- On July 21, 1948, Nellie Duffy executed a quitclaim deed conveying all her interest in the properties to her sister, Anna Duffy.
- In 1949, Nellie Duffy died.
- In May 1957, Anna Duffy died.
- Anna Duffy's will devised her interests in the real estate to her four nieces, Beatrice Jackson, Eileen O’Barski, Catherine Young, and Margaret Miller.
Procedural Posture:
- Beatrice Jackson and her sisters (plaintiffs) filed a suit for partition against Katherine O’Connell (defendant) in the circuit court of Cook County, a trial court.
- The cause was referred to a master in chancery, who found the property interests were as the defendant contended.
- The circuit court confirmed the master's conclusions and entered a decree for partition in favor of the defendant.
- The plaintiffs (appellants) appealed the circuit court's decree to the Supreme Court of Illinois.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does a conveyance by one of three joint tenants of their entire interest to another of the joint tenants sever the joint tenancy in its entirety, or only as to the one-third interest conveyed?
Opinions:
Majority - Mr. Justice Klingbiel
No. A conveyance by one of three joint tenants of their interest to another joint tenant severs the joint tenancy only with respect to the conveyed interest, leaving the original joint tenancy intact for the remaining two-thirds interest. The court reasoned that this principle is well-established in the common law, citing authorities such as Littleton, Coke, and Blackstone. These commentators consistently held that when one of three joint tenants releases their share to a co-tenant, the grantee holds that acquired share as a tenant in common, but the original shares of the grantee and the remaining tenant continue to be held in joint tenancy. The court rejected the plaintiffs' argument that the transfer destroyed the unity of interest for the entire property. Instead, it held that the unity of interest requirement is satisfied as long as it exists with respect to the undivided interest that remains the subject of the joint tenancy—in this case, the original two-thirds interest held by Anna Duffy and Katherine O'Connell.
Analysis:
This decision clarifies a previously unsettled point of Illinois property law by adopting the traditional common law rule for severance in multi-party joint tenancies. It establishes that an internal conveyance between co-tenants does not automatically destroy the entire joint tenancy and its corresponding right of survivorship. This holding provides stability and predictability for property titles by confirming that the right of survivorship is preserved for the shares not involved in the severing conveyance, thus preventing the automatic conversion of the entire estate into a tenancy in common.
