Estate of Tressel v. Tressel

I disagree with the majority’s conclusion that there is no genuine factual dispute that the Customer Holding Sheet satisfies the requirements imposed by ORS 105.920 to create a joint tenancy with a right of survivorship. By its terms, ORS 105.920 allows for the creation of joint tenancies in personal property with the incidents of survivorship and severability as at common law. It further provides, however, that such a joint tenancy can be created only by a written instrument that expressly declares the interest created to be a joint tenancy. It further provides that such joint tenancies can…