Palmer v. Flint
1960 Me. LEXIS 11, 161 A.2d 837, 156 Me. 103 (1960)
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Rule of Law:
A deed explicitly stating the intent to create a joint tenancy, including survivorship, creates a common law joint tenancy in fee simple with the inherent right of severance, overriding technical common law rules of construction that might otherwise suggest a joint life estate with a contingent remainder.
Facts:
- On August 1, 1940, the Federal Land Bank of Springfield conveyed real estate in Yarmouth, Maine, to Nathan H. Palmer and Alice E. Palmer.
- The deed's granting and habendum clauses stated that the property was conveyed "Unto the said Nathan H. Palmer and Alice E. Palmer 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."
- Alice E. Palmer obtained a decree of divorce from Nathan H. Palmer on September 27, 1951.
- Two days later, on September 29, 1951, Alice E. Palmer (now Alice E. Flint) conveyed the premises by quitclaim deed to Nathan H. Palmer.
- Nathan H. Palmer subsequently conveyed the property to Frank L. Palmer, who then reconveyed it to Nathan H. Palmer and his sister, Roxa B. Palmer (the plaintiff), "as joint tenants and not as tenants in common, to them and their heirs and assigns, and to the survivor of them, and to the heirs and assigns of such survivor forever."
- Nathan H. Palmer died on May 21, 1957.
Procedural Posture:
- Roxa B. Palmer filed a petition for a declaratory judgment in the trial court (heard by a single justice) to determine the rights or status of the parties in the real estate, and alternatively, to reform the deed.
- The single justice found that the parties did not intend to grant or receive any form of conveyance other than that utilized, that Alice E. Palmer's quitclaim deed was inoperative to convey her contingent remainder, and decreed that Roxa B. Palmer held an estate for Alice E. Flint's life, with a remainder in fee to Alice E. Flint.
- Roxa B. Palmer (appellant) appealed the decision of the single justice.
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Issue:
Does a deed conveying property to grantees "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" create a common law joint tenancy in fee simple with the right of severance, or a joint life estate with a contingent remainder in fee to the survivor?
Opinions:
Majority - Siddall, J.
Yes, the deed created a common law joint tenancy in fee simple, encompassing all its common law incidents, including the right of severance. The court found that the clearly expressed intention to create a joint tenancy in the deed, using the words "as joint tenants and not as tenants in common," takes precedence over technical common law rules of construction that might otherwise suggest a more limited estate. While Maine statutes modify the common law rule favoring joint tenancies, they do not abolish them, and require a "clear and convincing" intent to create such an estate. The court noted that modern practice increasingly favors joint tenancies for practical reasons. It held that the language "and the heirs of the survivor forever" did not negate the clear intent to create a joint tenancy or convert it into a life estate with a contingent remainder. All four unities—time, title, interest, and possession—were present. As severance is an inherent incident of joint tenancy, Alice E. Palmer's quitclaim deed to Nathan H. Palmer effectively severed the joint tenancy, making Nathan the owner of the fee simple. Therefore, the property rightfully passed to Roxa B. Palmer through Nathan's subsequent conveyance.
Analysis:
This case significantly clarifies how Maine courts interpret deeds intended to create joint tenancies, emphasizing party intent over rigid adherence to technical common law phrasing. It reaffirms that explicit language of joint tenancy will be honored, ensuring that the right of severance, a crucial incident of joint tenancy, is preserved. The ruling provides greater certainty for property owners and legal professionals in drafting and interpreting conveyances, particularly in a jurisdiction where statutes disfavor, but do not prohibit, joint tenancies. This precedent makes it easier to establish joint tenancies without the risk that specific wording about 'heirs' might inadvertently create a more complex or limited estate.
