Jackson v. Green Estate

We granted leave to appeal to consider whether an action to partition real estate may go forward when the joint tenant who filed the action died before an order of partition entered.1 We would hold that title vested in the surviving joint tenant on the decedent’s death because the mere filing of a partition action does not sever a joint tenancy and no order granting partition was entered before the death. We would thus affirm the trial court’s denial of defendant’s motion for summary disposition and the judgment of the Court of Appeals on the partition issue.

I. PACTS AND PROCEEDINGS

At issue…