MARGARITE V. EWALD
381 A.2d 480 (1977)
NATURE OF THE CASE: This was an appeal from a determination that a party had a 1/6th
interest in property.
FACTS: The real estate at issue was conveyed to John and Mary Ewald as husband and wife
and Joseph Ewald as tenants in common with right of survivorship. Mary died intestate on
November 8, 1973 which left John and her son, Mario Margarite as her sole heirs at law. John
died in August 20, 1974 and bequeathed his entire estate to his brother George Ewald. The
other grantee to the deed is still living. Mario filed a petition for a declaratory judgment
to interpret the deed and to determine if he had any interest in his mother's share of the
property. The lower court held that the deed created a tenancy in common in which each
grantee owned a 1/3rd interest. The court then ruled that Mario had a 1/6th interest. George
appealed contending that the deed created a tenancy by entireties in John and Mary's share
and that upon her death John had a 1/2 interest in the property with Joseph.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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