Facts
- Neil P. Duffy died testate in 1936 and devised certain real property to his three sisters—Nellie Duffy, Anna Duffy, and Katherine O’Connell—as joint tenants.
- In 1948, Nellie executed a statutory-form quitclaim deed conveying all her interest in the property to Anna; the deed was delivered and recorded.
- Nellie died in 1949.
- Anna died testate in 1957 and devised whatever interest she had in the property to four nieces (the plaintiffs).
- The nieces filed a partition action asserting that Nellie’s deed to Anna severed the entire joint tenancy, leaving Anna with a two-thirds tenancy-in-common interest and Katherine with a one-third tenancy-in-common interest.
- Katherine contended the deed severed only Nellie’s one-third interest and that Anna and Katherine remained joint tenants as to the remaining two-thirds, with survivorship.
- The circuit court (after a master’s report) entered a partition decree consistent with Katherine’s position, and the plaintiffs appealed.
Issues
- Whether a conveyance by one of three joint tenants of her undivided one-third interest to another joint tenant destroys the joint tenancy in its entirety or severs only the grantor’s one-third interest.
Decision
- The Supreme Court of Illinois affirmed the partition decree.
- The court held that Nellie’s quitclaim deed severed the joint tenancy only as to Nellie’s one-third interest.
- The joint tenancy between Anna and Katherine continued as to the remaining two-thirds interest.
- Because Anna predeceased Katherine, Katherine took the two-thirds interest held in joint tenancy by right of survivorship; Anna’s devisees could claim only the interest Anna held as a tenant in common at death.
Legal Principles
- A joint tenancy may be severed as to the conveying joint tenant’s share without necessarily terminating joint tenancy as between the remaining cotenants.
- A conveyance by one joint tenant to a cotenant converts the conveyed share into a tenancy in common interest between the grantee and the remaining joint tenant(s) as to that share.
- Survivorship applies to whatever portion remains held in joint tenancy at the time of a joint tenant’s death and prevents testamentary transfer of that portion by the decedent.
Conclusion
A deed by one of three joint tenants to another joint tenant does not automatically terminate the entire joint tenancy; it severs only the grantor’s interest, leaving any remaining joint tenants able to retain survivorship rights as to the balance.