McMANUS v. SUMMERS

[No. 17 (Adv.), September Term, 1981.]

290 Md. 408 (1981)

430 A.2d 80

DOROTHY O. McMANUS ET AL. v. EVA SAMPSON SUMMERS, ADMINISTRATRIX OF THE ESTATE OF MARY SAMPSON SMITH

Court of Appeals of Maryland.

Decided June 3, 1981.


Attorney(s) appearing for the Case

Mark R. Thompson, with whom were Robert C. Heeney and Heeney, Armstrong & Heeney on the brief, for appellants.

Joseph M. Quirk, with whom were Rowan, Abell, Quirk & Quinn on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ.


SMITH, J., delivered the opinion of the Court.

We shall here hold that under the facts and circumstances of this case a conveyance to two persons described in that deed as husband and wife, which conveyance purported to be to them as tenants by the entirety, created a joint tenancy if the grantees in fact were not legally married.

The genesis of this dispute was a trip to Texas by Dollie Collins Smith in 1952. Her daughter claimed this trip was "to procure...

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