Schimke v. Karlstad

BIEGELMEIER, Chief Justice.

The facts as stipulated show plaintiff and his wife purchased the property involved in this action, and the deed conveyed title to them “as Joint Tenants and not as Tenants in common and with full Right of Survivorship”; that prior to her death, without knowledge and consent of plaintiff, plaintiff’s wife conveyed an undivided one-half interest in the property to her children by a former marriage. Plaintiff brought this action claiming that deed void for the reason that he had a contingent remainder in fee which was indestructible by the voluntary act of the joint…