Tammy Kirshon v. Angela Abodeely-Mills and Jonathan Abodeely

Summary

The Vermont Supreme Court held that a 1958 deed conveyed the family lakeside property as a tenancy in common rather than a joint tenancy with right of survivorship. The court found that the deed’s granting clause lacked joint-tenancy language and that its habendum clause contained an inconsistency between survivorship language and the phrase “their heirs and assigns.” The court reversed and remanded for entry of judgment consistent with its opinion, declining to reach the effect of the 1977 deed.

Holdings

1. The 1958 deed created a tenancy in common, not a joint tenancy with right of survivorship. The granting clause contained no joint-tenancy language, and the habendum clause's reference to joint tenants with right of survivorship their heirs and assigns was internally inconsistent and did not clearly and definitively express the intent required to overcome Vermont's statutory preference for tenancies in common.
2. Because the 1958 deed created a tenancy in common, the Court did not reach the parties' dispute over whether the 1977 deed severed the entire joint tenancy or only Hazel Rathbun's share.

Questions Presented

1. Whether the 1958 deed created a joint tenancy with right of survivorship or a tenancy in common.
2. Whether the 1977 deed severed only Hazel Rathbun's interest or the entire alleged joint tenancy.

Disposition

reversed_and_remanded