Stilphen v. Stilphen

The act of July 21, 1809, provided that all devises and conveyances of real estate to two or more persons shall be taken, deemed, and adjudged to create estates in common and not in joint tenancy unless an intent to create joint tenancy is clearly expressed. Laws, ed. 1830, p. 110; Gr. L., o. 135, s. 14. The legislature plainly declared their purpose that the act should be applied to grants “ which have been” as well as those which “ shall be made,” with a proviso that it should not affect any estate that had “ already vested in the survivor or survivors upon the prin ciple of joint"…