Allison v. Powell

I concur with the majority opinion as I feel compelled to follow the authority of Sheridan v. Lucey, 395 Pa. 306, 149 A.2d 444 (1959). See also, Cobb v. Gilmer, 365 F.2d 931 (D.C.Cir.1966) and Vargos v. Brinton, 305 Pa.Super. 357, 451 A.2d 687 (1982) which held that a partition action taken to judgment is sufficient to sever a joint tenancy with right of survivorship. Nevertheless, the law appears to result in an injustice as one who commences a partition proceeding unequivocally manifests an intent to terminate the relationship of joint tenancy with the right of survivorship. If he dies…