Redemptorist Fathers v. Lawler

Citations

• 205 Pa. 24
• 54 A. 487
• 1903 Pa. LEXIS 504

Syllabus

<p>Joint tenancy — Survivorship—Act of March 31, 1812, 5 Sm. L. 395.</p> <p>While the right of survivorship as an incident of joint tenancy is expressly abolished by the Act of March 31, 1812, 5 Sm. L. 395, it is not forbidden by the act, nor made illegal in anyway to create by grant or devise an estate with the same attribute of survivorship as joint tenancy at common law.</p> <p>Survivorship as an incident of an estate granted being still lawful, its creation becomes a question of intent. No particular form of words is required further than that they shall be sufficient to clearly express an intent in order to overcome the presumption arising from the statute. A grant to four persons to hold “as joint tenants, and not as tenants in common,” creates an estate subject to the right of survivorship.</p>