## Facts

- The Federal Land Bank conveyed Yarmouth, Maine real estate to Nathan H. Palmer and his wife, Alice E. Palmer, “as joint tenants, and not as tenants in common ... to the survivor, and the heirs and assigns of the survivor forever,” with a general warranty.
- Alice later divorced Nathan and executed a quitclaim deed (without covenant) conveying her interest in the property to Nathan.
- Nathan conveyed the property to Frank L. Palmer.
- Frank reconveyed the property to Nathan and Nathan’s sister, Roxa B. Palmer, as joint tenants with survivorship language.
- Nathan died in 1957.
- Roxa filed a declaratory judgment action to determine the parties’ rights in the property and sought deed reformation in the alternative.
- The trial justice construed the Federal Land Bank deed as granting Nathan and Alice life estates with a contingent remainder in fee to the survivor, ruled Alice’s quitclaim could not convey her contingent remainder, and declared title as a life estate measured by Alice’s life in Roxa with remainder in fee in Alice.

## Issues

1. Whether a deed conveying to two grantees “as joint tenants, and not as tenants in common ... to the survivor, and the heirs and assigns of the survivor forever” creates a joint tenancy in fee simple with survivorship.
2. Whether the survivorship component in such a deed should be treated as a contingent remainder in the survivor rather than an incident of a fee simple joint tenancy.
3. Whether the trial court erred in declaring Roxa held only a life estate for Alice’s life with the remainder in Alice.

## Decision

- The Supreme Judicial Court of Maine reversed the trial court’s construction of the Federal Land Bank deed.
- The court held the deed created a fee simple joint tenancy between Nathan and Alice, with right of survivorship.
- The court rejected characterization of survivorship as a contingent remainder and treated survivorship as an incident of joint tenancy.
- The court set aside the declaration that Roxa held only a life estate measured by Alice’s life with remainder in Alice.

## Legal Principles

- When a grantor conveys a fee and the deed clearly expresses intent to create a joint tenancy, the conveyance is construed as a joint tenancy with right of survivorship.
- In a fee simple joint tenancy, the right of survivorship is not a separate contingent remainder; it follows from the joint tenancy estate.
- Deed language expressly stating “as joint tenants, and not as tenants in common,” reinforced by “to the survivor, and the heirs and assigns of the survivor forever,” is sufficient to show intent to create a joint tenancy in fee.
- Traditional joint tenancy requirements are satisfied where the grantees take the same interest by the same conveyance, at the same time, with the same undivided possession.

## Conclusion

The court construed the deed’s explicit joint-tenancy and survivorship language as creating a fee simple joint tenancy, rejected a life-estate-plus-contingent-remainder theory, and reversed the resulting declaration of title that had limited Roxa to a life estate measured by Alice’s life.


Palmer v. Flint, 161 A.2d 837 (Me. 1960)