Estate of Kotz

I am in full accord with the result reached by the Opinion of the Court but wish to indicate that I do not accept the Opinion’s implication that the result would have been otherwise had the marriage preceded the creation of the joint tenancy. Today’s Opinion holds that a pre-marital creation of a joint tenancy does not create any rights in favor of a *460person who subsequently marries one of the joint tenants, concerning the property which is the subject of the joint tenancy.

The question of whether the surviving spouse may elect against a joint tenancy created during marriage by the deceased…