Orlando v. DePrima

OPINION OF THE COURT

Herbert Kramer, J.

*988When a tenant holding property in a joint tenancy with rights of survivorship dies during the pendency of a partition proceeding, is the tenancy deemed severed such that the heirs may claim an interest in the property?

The now deceased plaintiff and the two defendants were siblings and joint tenants in a property that is the subject of this action for partition. The partition action proceeded only so far as the entry of an order appointing a referee to take an accounting when plaintiff died. No accounting was made and no sale was had and no final judgment…