In Re Baker's Estate

(dissenting) — I respectfully dissent.

The majority opinion cites many authorities which hold the sale or contract of sale of his interest by one joint tenant (or less than all of them) works a severance of the joint tenancy. No one disputes this rule. Having established it, the majority opinion reasons, incorrectly, that because a contract of sale of his interest by one joint tenant works a severance of the joint tenancy, a contract of sale by all the joint tenants likewise works a severance and changes the character of the unpaid balance into a tenancy in common.

The majority opinion thus…