Pope v. Burgess

Conceding that survivorship may be annexed to a tenancy in common by adequate contract inter sese of the co-owners, and that the Act of 1184, now G.S. 41-2, abolishing survivorship incident upon joint tenancy by operation of law, does not bar or affect such action, we are then brought to the question whether the exhibited contract between the parties is adequate to accomplish that result.

We may eliminate from consideration the deed of the administrator, made under the supposed authority of the contract, as neither aiding nor vitiating its effect, and treat it as mere separable surplusage.…