## Facts

- Edward J. Lipps owned certain real property in his sole name.
- On August 16, 1926, Lipps executed a deed conveying to Margaret Howard an undivided one-half interest “as joint tenant.”
- The deed’s habendum clause stated that Howard was to hold the premises “as joint tenant” with Lipps “and not as tenant in common.”
- Howard died intestate on July 28, 1943.
- Denis Crowe, Howard’s widower and an heir, claimed Howard’s interest descended to her heirs because the deed created a tenancy in common rather than a joint tenancy.
- Lipps claimed the deed created a joint tenancy with survivorship and that, as surviving joint tenant, he became sole owner.
- Lipps brought an action to quiet title and moved for summary judgment.

## Issues

1. Whether a deed by a sole owner conveying to another an undivided one-half interest “as joint tenant, and not as tenant in common” validly creates a joint tenancy with right of survivorship despite the grantor’s prior sole acquisition of title.

## Decision

- The court granted summary judgment for Lipps and quieted title in him as sole owner.
- The court held the 1926 deed created a joint tenancy with right of survivorship.
- Upon Howard’s death, Lipps took the entire estate as the surviving joint tenant.

## Legal Principles

- A joint tenancy requires the unities of interest, title, time, and possession; however, these requirements are applied to effectuate the nature of the cotenancy rather than as rigid formalities that defeat clearly expressed intent.
- A sole owner may create a joint tenancy with another by directly conveying an undivided interest to the other in a deed that clearly states the parties are to hold “as joint tenants and not as tenants in common.”
- An intermediary (“straw” or “conduit”) is not required to create a joint tenancy when the deed’s language plainly establishes survivorship intent and the conveyance is treated as satisfying the unities for joint-tenancy purposes.

## Conclusion

The court held that a sole owner’s direct conveyance of an undivided one-half interest to another “as joint tenant, and not as tenant in common” validly creates a joint tenancy with survivorship, so the surviving joint tenant takes full title when the other joint tenant dies intestate.


Lipps v. Crowe, 28 N.J. Super. 131, 100 A.2d 361 (Ch. Div. 1953)