THE ESTATE OF PHILLIPS V. NYHUS 874 P.2d 154 (1994) CASE BRIEF

THE ESTATE OF PHILLIPS V. NYHUS

874 P.2d 154 (1994)

NATURE OF THE CASE: Phillips (D) appealed a decision, which denied a motion for revision of a commissioner's ruling that a joint tenancy with right of survivorship between the D and Nyhus (P) survived a subsequent earnest money agreement for sale of certain real property from the joint tenants, P and D, to a third party.

FACTS: D and P signed an agreement under which D would be a silent partner in the purchase of certain real estate, including the property involved in this proceeding. D purchased the property wherein D 'shall Quit Claim to Nyhus . . . one-half of his interest in the real estate ....' D also agreed to convey and transfer to P upon D's death, all of his remaining interests in any and all of the properties mentioned in the agreement and that D will take immediate steps to secure this transaction by executing a will to this effect.' D executed a quitclaim deed to 'Theodore P. Phillips, a single man and Charles Nyhus and Christina Nyhus, husband and wife' for certain described real property. The intent was to acquire the premises as joint tenants with right of survivorship and not as tenants in common. In 1990, P and D signed an earnest money agreement to sell part of the property held in joint tenancy. On July 28, 1990, Phillips died before final closing of the real estate transaction. P then brought this action to declare their entitlement to proceeds from sale of the property under the joint tenancy agreement of July 24, 1989. A superior court commissioner granted summary judgment in favor of P, awarding them all proceeds from sale of the real property. The Superior Court denied D's motion for revision of the commissioner's decision. D appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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