Godman v. Greer
Orphan's Court of Delaware
Petition for Partition. In a cause in partition there was filed a petition by one not made a party to the cause claiming to have an interest and asking leave to intervene and be a party thereto, based on his interest. The facts are these: William McCartney by a codicil to his will dated in 1894, probated in 1902, devised land to “Jemima Walker and to her husband, Alexander Walker, and to their heirs and assigns, as tenants in common, to have share and share alike.”
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Petition for Partition. In a cause in partition there was filed a petition by one not made a party to the cause claiming to have an interest and asking leave to intervene and be a party thereto, based on his interest. The facts are these: William McCartney by a codicil to his will dated in 1894, probated in 1902, devised land to “Jemima Walker and to her husband, Alexander Walker, and to their heirs and assigns, as tenants in common, to have share and share alike.” Alexander Walker died in 1903 intestate, and his wife, Jemima Walker, died in 1914 also intestate. There were no children of the…
1Opinion of the CourtCurtis, P. J.
(delivering the opinion of the Court). There is raised by the petition for partition filed by an heir at law of Jemima Walker, and the petition for- intervention by an heir at law of Alexander Walker, a question never before litigated in this State, viz. whether by a devise of land to a man and his wife (and so ^designated) expressly as tenants in common, the devisees took an estate by the entireties or as tenants in common.
Clearly the words of the will would create a tenancy in common if the devisees had not been "husband and wife. It is equally clear that a grant or devise of land to a man…
2Cases cited28 opinions
- Hunt v. BlackburnSupreme Court of the United States · 1888
- Beihl v. MartinSupreme Court of Pennsylvania · 1912
- Marburg v. ColeCourt of Appeals of Maryland · 1878
- Stuckey v. Keefe's ExecutorsSupreme Court of Pennsylvania · 1856
- Meyer's EstateSupreme Court of Pennsylvania · 1911
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3Cited by13 opinions
- Steigler v. Insurance Co. of North AmericaSupreme Court of Delaware · 1978
- Hurd v. HughesCourt of Chancery of Delaware · 1920
- Plotkin v. PlotkinSuperior Court of Delaware · 1924
- Hills v. Travelers Bank & Trust Co.Supreme Court of Connecticut · 1939
- Ciconte v. BarbaCourt of Chancery of Delaware · 1932
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