Cross v. Cross

This petition for partition of real estate presents the question whether a tenancy in common or a joint tenancy was created by the will of Patrick Cross. The will, after giving a life interest in the real estate to the testator’s daughter, Margaret, provides: “Seventh: To my son Thomas . . . and to my son William . . . share and share alike, or to the survivor of them, all of my estate whether the same be real, personal or mixed and wheresoever located, subject, however, to provision No. 6 . . . for my daughter Margaret.” The testator died on April 23, 1928. William died intestate on March…