Stuehm v. Mikulski

The majority reach the conclusion that the deed in question, having been obtained through the use of undue influence, should be canceled and held for naught. In that conclusion I concur.

The majority opinion, however, before reaching the above conclusion, holds that the deed did not create a joint tenancy estate with right of survivorship. To that conclusion I dissent.

I shall disregard the question of undue influence and limit this discussion to that part of the majority opinion dealing with the creation of estates in joint tenancy. I submit that, if the deed is void because of undue…