Carver v. Gilbert

AREND, Justice.

This is a declaratory judgment action in which the question sought to be determined is whether an instrument conveying real property to a husband and wife, which does not specify how they are to take, results in the creation of a tenancy in common or a tenancy by the entirety.

The appellant Carver holds a deed to the property in question as grantee of one Fred T. Gilbert. The property had previously been acquired by Gilbert and his wife Patricia through a warranty deed in which they are described simply as “FRED T. GILBERT and PATRICIA GILBERT, husband and wife * * * grantees.”…