## 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

1. 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.


Jackson v. O'Connell, 23 Ill. 2d 52, 177 N.E.2d 194 (Ill. 1961)