Davis v. Roberts

HUITINK, Judge.

Richard Davis appeals from an adverse judgment in a declaratory judgment action to establish his survivorship interest in real property owned with deceased co-tenant and resulting entitlement to sale proceeds. We reverse.

J. Background Facts and Proceedings.

This dispute concerns residential real estate in Bloomfield. Cleo Davis owned this property until his death in May 1988. Under the terms of Cleo’s will, Richard Davis and Marion Roberts each inherited one-half of Cleo’s real and personal property as tenants in common. 1

Richard was nominated executor of Cleo’s estate. When he…