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Saint v. Williams

A conveyance to three parties as tenants in common should be viewed and upheld as such, even though the decedent's will devised the property to the three parties in designated parcels, since all three grantees including the grantor, who was the decedent's executor were beneficiaries under the will and they accepted the deed as tenants in common.

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Evelyn Lever died testate in 1986. At the time of her death, she owned approximately 2 acres of real estate in Columbia County. Pursuant to her will and an attached, incorporated plat, the testator devised the property to her sons, John and Theodore Lever, and a granddaughter, Evelyn Saint. John was to receive parcel “A” which was approximately 60′ x 100′. The granddaughter was to be given parcel “B” which was approximately 60′ x 60′. Theodore was to receive the remaining acreage as parcel “C,” and he was given a first right of refusal to purchase the other parcels if they were to be sold. Theodore was named executor of the estate. Instead of deeding the property under the terms set forth in the will, Theodore deeded the property to himself, John and the granddaughter in three undivided interests. The deed was duly recorded in 1987.

Nineteen years later, in 2006, appellant/plaintiff George Saint, administrator of the estate of the granddaughter, brought suit against the estates of John and Theodore, appellants/defendants, alleging the parties were tenants in common and seeking equitable partition. Appellant/plaintiff sought the appointment of a receiver and the sale of the property. Appellee William J. Williams, an attorney, represented appellant/plaintiff at that time. Appellants/defendants answered the complaint and denied, inter alia, that the parties owned the property as tenants in common. Appellants/defendants were represented by Carl Dowling. Following a hearing and the submission of evidence, the trial court appointed a receiver and authorized him to take charge of the property, sell it, and hold the proceeds in trust until “accounting issues” were resolved.

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