Estate of Colquhoun v. Estate of Colquhoun

The opinion of the court was delivered by

PRESSLER, J. A. D.

This appeal raises questions which have not been recently addressed by our courts regarding the nature of the obligations owed by cotenants to each other.

Robert G. Colquhoun and his wife Elizabeth Colquhoun purchased a home in Basking Ridge, New Jersey, in August 1973 as tenants by the entirety. They were assisted in the purchase by their son Robert F. Colquhoun, who lent them $51,000 secured by a mortgage on the property, which both his parents executed and which was duly recorded. The mutual understanding was that $35,000 of this…