JAMES V. TAYLOR
969 S.W.2d 672 (1998)
NATURE OF THE CASE: James (D), descendants of two deceased grantees, appealed a decision,
which quieted title in favor of Taylor (P) surviving grantee and held that the grantor
intended for the three grantees to take the property as joint tenants with the right of
survivorship.
FACTS: A deed was executed by Eura Mae Redmon to convey property to her three children.
It was made 'jointly and severally, and unto their heirs, assigns and successors forever,'
with Eura retaining a life estate. Two of the grantees died on November 18, 1993, and May
11, 1995. Eura died on February 17, 1997. The third child, P, filed a complaint seeking a
declaration that her mother had intended to convey the property to the grantees as joint
tenants, thereby making P, by virtue of her brothers' deaths, sole owner of the property.
Ds, who are descendants of brothers, opposed the complaint on the ground that the deed
created a tenancy in common among the grantees. The chancellor, upon hearing extrinsic
evidence of Eura's intent, found that she meant to convey the property to her children as
joint tenants with the right of survivorship. He thereby quieted title to the property in P.
Ds appealed. P and Ds agree that the term 'jointly and severally' as used to describe an
estate in property is ambiguous. They disagree over the rule of construction to be applied
in the face of such ambiguity.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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