Baldwin v. Slone

The issue presented in this case concerns the effect of a purported conveyance to two persons as husband and wife where they were not in fact married. We conclude that the effect of *238this conveyance was to create a tenancy in common.

I

The issue arises in the probate court’s administration of the estate of Violet Kappler, one of the grantees of the conveyance in question. The issue was submitted to the probate judge on stipulated facts. In short, in August 1975 a parcel of real estate was deeded to Violet Kappler and Arthur Slone. The deed named them as "Arthur Slone and Violet Slone,[1] husband…