Sheridan v. Lucey

Opinion by

Mr. Justice Cohen,

The sole question on this appeal is whether the action for partition of real estate held by joint tenants with the right of survivorship abates upon the death of the complainant before judgment has been entered by the court. We conclude that the action does abate and the decedent’s interest accrues to the survivor.

The undisputed facts reveal that appellant’s-decedent, Catherine N. Sheridan was owner of the premises in question and that on Januáry 16, 1952, she conveyed her fee interest to herself and her brother-in-law and nephew, as joint tenants with the right of…