For Your Data Margarite V. Ewaldv Example Brief
September 01, 2019
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Margarite v. Ewaldv instance brief summary
381 A.2d 480 (1977)
CASE FACTS
Property was conveyed to appellant private together with to decedent hubby together with wife. Appellee claimant sought a declaratory judgment that the belongings had been granted to the iii grantees equally private tenants inward common, together with hence that when his woman raise died, he inherited one-sixth of the property, equally purpose of his half of her estate. Appellants, grantee together with beneficiary of decedent husband's estate, who was decedent husband's brother, together with sole beneficiary of his estate, claimed that the hubby together with married adult woman had received entirely half of the property, held equally tenants past times the entireties, together with that upon the wife's death, her involvement was absorbed into the husband's.
PROCEDURAL HISTORY
The lawsuit courtroom granted declaratory judgment inward favor of appellee.
DISCUSSION
On appeal, the courtroom reversed together with remanded the matter, finding that the linguistic communication of the conveyance clearly expressed its intention to grant the belongings to the individual, together with to the couple, equally tenants inward common, together with that the yoke held their portion equally tenants past times the entireties, together with hence at that topographic point was zilch to overstep to appellee upon the wife's death.
CONCLUSION
The lawsuit court's declaratory judgment inward favor of appellee claimant was reversed together with remanded because appellant beneficiary had inherited the decedent husband's involvement inward the belongings inward query afterwards receiving his survivorship rights to decedent wife's involvement upon her death.
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381 A.2d 480 (1977)
CASE SYNOPSIS
Appellants, grantee together with beneficiary, challenged a judgment from the Court of Common Pleas of Philadelphia County (Pennsylvania), which granted declaratory judgment inward favor of appellee claimant.CASE FACTS
Property was conveyed to appellant private together with to decedent hubby together with wife. Appellee claimant sought a declaratory judgment that the belongings had been granted to the iii grantees equally private tenants inward common, together with hence that when his woman raise died, he inherited one-sixth of the property, equally purpose of his half of her estate. Appellants, grantee together with beneficiary of decedent husband's estate, who was decedent husband's brother, together with sole beneficiary of his estate, claimed that the hubby together with married adult woman had received entirely half of the property, held equally tenants past times the entireties, together with that upon the wife's death, her involvement was absorbed into the husband's.
PROCEDURAL HISTORY
The lawsuit courtroom granted declaratory judgment inward favor of appellee.
DISCUSSION
On appeal, the courtroom reversed together with remanded the matter, finding that the linguistic communication of the conveyance clearly expressed its intention to grant the belongings to the individual, together with to the couple, equally tenants inward common, together with that the yoke held their portion equally tenants past times the entireties, together with hence at that topographic point was zilch to overstep to appellee upon the wife's death.
CONCLUSION
The lawsuit court's declaratory judgment inward favor of appellee claimant was reversed together with remanded because appellant beneficiary had inherited the decedent husband's involvement inward the belongings inward query afterwards receiving his survivorship rights to decedent wife's involvement upon her death.
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