Michael Estate
421 Pa. 207 (1966)
Rule of Law:
To create a joint tenancy with the right of survivorship, the language in the conveying instrument must clearly and unambiguously express the intent to create such a right, as ambiguous phrasing is insufficient to overcome the statutory presumption in favor of a tenancy in common.
Facts:
- On February 24, 1947, Joyce E. King executed a deed for a property known as 'King Farm'.
- The deed conveyed the property 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'.
- Harry L. Michael died before 1962, leaving his wife, Bertha W. Michael, and two sons, Ford W. Michael and Robert C. Michael.
- Upon Harry's death, his interest in the tenancy by the entirety automatically passed to his wife, Bertha.
- Bertha W. Michael died on November 26, 1963.
- In her will, Bertha W. Michael attempted to devise her interest in the 'King Farm' to her son, Robert C. Michael.
Procedural Posture:
- The executors of Bertha W. Michael's estate brought a declaratory judgment action in the Orphans’ Court of Lycoming County to interpret the 1947 deed.
- The Orphans' Court (trial court) held that the deed created a joint tenancy with a right of survivorship between the two couples.
- Robert C. Michael, one of the sons and a beneficiary under the will, appealed the trial court's decision to the Supreme Court of Pennsylvania.
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Issue:
Does a deed granting property to two married couples 'as tenants by the entireties, with right of survivorship,' create a joint tenancy with right of survivorship between the two couples when the intent to do so is not otherwise clearly expressed?
Opinions:
Majority - Mr. Justice Jones
No. A deed granting property to two married couples 'as tenants by the entireties, with right of survivorship' does not create a joint tenancy with the right of survivorship between the two couples because the language used is ambiguous and fails to clearly overcome the statutory presumption that a tenancy in common was created. Under Pennsylvania's Act of 1812, joint tenancies and their incident of survivorship are disfavored, and a tenancy in common is presumed unless an intent to create a joint tenancy is clearly expressed. The phrase 'with right of survivorship' in this deed is ambiguous, as it could be interpreted in at least three different ways: as a redundant explanation of tenancy by the entirety, as applying only to the second couple, or as creating survivorship between the two couples. Because the intended meaning is a 'mere guess,' it falls short of the 'clear expression' required by law. The deed also fails to use standard language, such as 'joint tenants,' and uses the plural 'their heirs and assigns,' which further suggests a tenancy in common. Therefore, the deed created a tenancy in common between the two couples, and Bertha W. Michael's interest could be passed through her will.
Analysis:
This decision reinforces the high burden required to create a joint tenancy with the right of survivorship in jurisdictions that have statutorily reversed the common law preference for such estates. It serves as a crucial lesson for legal drafters on the importance of using precise, unambiguous language, such as the standard phrase 'as joint tenants with right of survivorship and not as tenants in common,' to effectuate the grantor's intent. The court's refusal to infer survivorship from ambiguous terms solidifies the statutory presumption of a tenancy in common, thereby protecting the rights of co-tenants to devise their property interests. Future courts will likely cite this case to require explicit language of survivorship, rather than relying on interpretation or placement of ambiguous phrases within a deed.
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