Login

Login

To access this feature, please Log In or Register for your Casebriefs Account.

Add to Library

Add

Search

Login
Register
Register

Palmer v. Flint

Law Dictionary
CASE BRIEFS

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
AA
Font size

Property Law Keyed to Cribbet

View this case and other resources at:
Bloomberg Law

Citation. 22 Ill.156 Me. 103, 161 A.2d 837 (1960)

Brief Fact Summary. The Federal Land Bank of Springfield (one of the Defendants) conveyed property to Nathan Palmer and his wife Alice Palmer (now Alice Flint the other Defendant) which contained the following language in the deed: “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.” This deed also conveyed a warranty that the grantor, its successors and assigns “shall and will warrant and defend the same to the said grantees their heirs and assigns forever.” Then, Alice and Nathan were divorced and by quitclaim deed without covenant in 1951, Alice conveyed the premises to Nathan, who then conveyed the premises to Frank Palmer, who reconveyed the premises to Nathan and his sister Roxa Palmer (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 assi
gns of such survivor forever.”

Synopsis of Rule of Law. When the intent of the parties to a deed or conveyance, where the grantor conveys a fee, is clear and convincing as to their intent to create a joint tenancy, then a joint tenancy is created, and the right of survivorship is not to be considered a contingent remainder.


Facts. The Federal Land Bank of Springfield (one of the Defendants) conveyed property to Nathan Palmer and his wife Alice Palmer (now Alice Flint the other Defendant) which contained the following language in the deed: “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.” This deed also conveyed a warranty that the grantor, its successors and assigns “shall and will warrant and defend the same to the said grantees their heirs and assigns forever.” Then, Alice and Nathan were divorced and by quitclaim deed without covenant in 1951, Alice conveyed the premises to Nathan, who then conveyed the premises to Frank Palmer, who reconveyed the premises to Nathan and his sister Roxa Palmer (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 s
urvivor forever.” Then, in 1957, Nathan Palmer died. The Plaintiff asked the court to determine: 1. The rights and status of the parties as to the property, and 2. That if it should appear that the Federal Land Bank of Springfield did not convey an estate which reflected the true intent of the parties, that the deed be reformed in accordance with the true intent of the parties. The lower court found that the parties to the deed did not intend to grant or receive any form of conveyance other than that used in the deed and that the quitclaim deed of Alice Palmer to her former husband Nathan Palmer was inoperative to convey her contingent remainder, and that the state of the title was a life estate for the life of Alice Flint for Roxa Palmer, remainder in fee to Alice Flint. The Plaintiff Roxa Palmer appealed the lower court’s judgment.

Issue. What is the correct status of the parties as to the property?

Create New Group

Casebriefs is concerned with your security, please complete the following