Simons v. Bollinger

Kerr and wife held land conveyed to them by deed in the words following: “Convey and warrant to David S. Kerr and Clara Kerr, his wife, jointly the” etc.

The only question presented for decision is. whether the words employed created in David and Clara Kerr an estate in joint tenancy, or an estate by entireties. It is agreed that if they create an estate in joint tenancy, the judgment should be reversed; and if an estate by entirety, it should be affirmed. It is also conceded by appellant that “the omission from the deed of the word ‘jointly’ would clearly make Kerr and wife tenants by the…