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· 2/29/2024

In Re Estate of Thomas Lee Griffin

Syllabus

This appeal arises from a petition for declaratory judgment concerning a quit claim deed. By the quit claim deed, the grantor, now deceased, conveyed to the respondent an undivided one-half interest in the property. Following the property description and derivation clause, the deed expressly provided that it was the intention of the grantor and the grantee to create a joint tenancy with a right of survivorship. The respondent filed a motion for summary judgment, asserting that the survivorship language in the deed was sufficient to create a right of survivorship in the respondent. The trial court entered an order denying the respondent's motion for summary judgment and granting the petition for declaratory judgment in favor of the petitioner. The respondent appealed. We reverse.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • post-expiration evidence may be considered, but it must relate back to a claimant’s condition prior to the expiration of date last insured
  • post-expiration evidence may be considered, but it must relate back to plaintiff’s condition prior to the expiration of the date last insured
  • post-expiration evidence may be considered, but it must relate back to plaintiff’s condition prior to the expiration of DLI
  • post-expiration evidence may be considered, but it must relate back to plaintiff’s condition prior to the expiration of the date last insured
  • evidence of worsening condition does not constitute material evidence to a decision made two years prior
  • evidence of worsening condition does not constitute material evidence to a decision made two years prior

Source: CourtListener parenthetical corpus (CC0).

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