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Allen v. Schultheiss

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Argued February 7, 2008

Before RUIZ and BLACKBURNE-RIGSBY, Associate Judges, and STEADMAN, Senior Judge.

Appellant filed a complaint to quiet title and for ejectment against appellees, who were in possession of a parcel of real property, claiming that she had a life interest in it pursuant to a deed. The trial judge granted appellees’ motion for summary judgment after determining that the deed purporting to grant appellant an interest in the property was void because, as a matter of law, a life estate cannot be held as a tenancy by the entirety.*fn1 We hold that a life estate may be held as a tenancy by the entirety. We reverse the grant of summary judgment and remand the case to the trial court for further proceedings to determine the proper interpretation of the deed on which appellant stakes her claim and its effect on the parties’ competing contentions.

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