Sturm v. Sawyer

Citations

• 2 Pa. Super. 254
• 1896 Pa. Super. LEXIS 48

Syllabus

<p>Joint tenancy — When incident of survivorship still exists.</p> <p>The doctrine of survivorship, or the jus accrescendi, which constitutes the distinguishing legal incident of joint tenancy, has not been wholly abolished by the act of March 31, 1812, 5 Sm. 395, and this incident may still exist when expressly provided for by deed or will, or when it arises by necessary implication.</p> <p>Joint tenancy — Prescription favors tenancy in common.</p> <p>While survivorship may be created by deed or will it is clear from all the authorities that an intent to do so will not be inferred in the absence of apt words indicating that purpose, and, unless the terms of an instrument expressly or by necessary implication call for a joint tenancy, a tenancy in common will be presumed. Each case must, therefore, stand largely on its own facts.</p> <p>Will — Construction—Tenancy in common.</p> <p>A devise and bequest to a son and daughter “ to have, hold, use and enjoy the same fully, freely, absolutely, during their lives, at their death to be equally divided between their children; estate not to be divided until decease of both son and daughter. That as little obscurity as possible as to phraseology may rest upon the settlement of my estate, etc., it is my desire to invest each of my living heirs with a life estate in the income of my property with reversion over to their heirs as provided for.” Held, that the testator uses terms that, etymologically and in law, import unlimited and independent bequests. Division and equality clearly dominate in the disposition -of the income as well as of the corpus of his estate, and the effect is the creation of a tenancy in common.</p> <p>Wills — Construction—Distributive words.</p> <p>In cases where construction arises distinguishing between joint tenancy and tenancy in common, the distributive words “among,” “any’’and “ each” are used to distinguish estates in common from joint tenancies and are given controlling effect in determining thos