Asvitt v. Gangamie

Opinion

TAYLOR, P. J.

Jacqueline Asvitt, the former wife of the decedent, Clyde J. Asvitt, appeals from a judgment decreeing that pursuant to their property settlement on dissolution, she and the testator held the family home as tenants in common and not as joint tenants and, therefore, his interest in the home passed to Florisca M. Gangamie, an unrelated person who was the sole beneficiary and named executrix of his will. The former wife contends that: 1) there was no proof of intent to sever joint tenancy in the family home; 2) the presumption of joint tenancy was not rebutted; and 3) the…