Seman v. Lewis

JUSTICE TRIEWEILER,

specially concurring:

I concur with the opinion of the majority.

I disagree with the conclusion of the dissenters that 70-1-306, MCA, requires use of the word “tenancy” in order to create a joint ownership in property with rights of survivorship. My interpretation of 70-1-306, MCA, is that joint forms of ownership must be designated as joint ownership, as opposed to some other form of ownership. That is exactly what the signature card signed by Gary Seman and Judy Lewis did. I am satisfied that the legislature intended nothing so literal as suggested by the dissenters in this…