Shirley Butler v. Kari Gavek

Syllabus

The plaintiff, Shirley Butler, filed a partition action requesting that the Superior Court partition property she owned in joint tenancy with the defendants, Clarence Butler and Kari Gavek. While the petition was pending, the plaintiff passed away. The Superior Court thereafter granted a motion to dismiss in favor of the defendants. Subsequently, the Estate of Shirley Butler (the estate) filed an appeal. On appeal, the estate argued that, pursuant to G.L. 1956 § 34-15-12, the petition for partition survives the plaintiff's death despite the property being held in joint tenancy. Conversely, the defendants argued that the estate did not have standing to bring the appeal because the plaintiff's death extinguished the claim for partition and the estate was never a party to the underlying action. The Supreme Court held first that § 34-15-12 abrogates the common law right of survivorship in a joint tenancy when an action for partition is pending. Second, the Supreme Court held that the language of § 34-15-12 signals an intent by the Legislature to treat heirs and devisees, as represented by a decedent's estate, as parties in a pending action for partition. Accordingly, the Supreme Court vacated the judgment of the Superior Court.