Shirley Butler v. Kari Gavek et al.

Summary

The Rhode Island Supreme Court held that Rhode Island General Laws § 34-15-12 abrogates the common-law right of survivorship in a joint tenancy when an action for partition is pending. The court concluded that the partition action did not abate upon the plaintiff’s death and that the estate could appeal the dismissal. The court vacated the Providence County Superior Court’s judgment dismissing the action.

Holdings

1. Under G.L. 1956 § 34-15-12, a partition action is not abated by the death of a plaintiff or defendant while the action is pending. The statute abrogates the common-law right of survivorship in a joint tenancy for that circumstance and requires the action to continue toward judgment with the decedent's heirs or devisees treated as parties after notice.
2. The estate was entitled to appeal because § 34-15-12 treats the decedent's heirs and devisees, as represented by the estate, as parties to the pending partition action, and the estate was aggrieved by the dismissal.

Questions Presented

1. Whether a partition action survives the death of a joint tenant under G.L. 1956 § 34-15-12.
2. Whether the Estate of Shirley Butler could appeal the dismissal even though it had not been formally substituted as a party in the underlying action.
3. Whether the Superior Court erred by dismissing the partition action without applying § 34-15-12 and before the estate's representative could be substituted.

Disposition

vacated