IN RE ESTATE OF MICHAEL
421 Pa. 207, 218 A.2d 338 (1966)
NATURE OF THE CASE: This was a declaratory judgment action for interpretation of a deed.
Appealed. Appellant (co-brother) challenged a decree that held in favor of appellees
(brother and his wife) with regard to the construction of the will of the brothers' mother.
The co-brother was not entitled to any interest in a piece of land because a deed created a
joint tenancy with right of survivorship between the mother and her husband and appellees.
FACTS: King deeded a farm to 'Harry L. Michael and Bertha M. Michael, his wife, tenants
by the entireties, and Ford W. Michael and Helen M. Michael, his wife, as tenants by the
entireties, with right of survivorship.' Ford was one of Harry and Bertha's two sons.
Bertha's will named both of her sons as co-executors, and provided 'that my interest in the
'King Farm' situate partly in Wolf and partly in Moreland Townships go to Robert C. Michael,
and the sum of $1,000.00, be paid to Ford W. Michael to balance this gift. A dispute arose
as to what, if any, interest Bertha had in the farm. The lower court held that the deed
created a joint tenancy with right of survivorship between the two couples named in the
deed. Robert (P) appealed, arguing that the deed created a tenancy in common as between the
two couples, with each couple holding its undivided one-half interest as tenants by the
entireties. Ford (D), argues that, as to each other, the couples were joint tenant with
right of survivorship.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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