PORTER v. PORTER

83-486.

472 So.2d 630 (1985)

Mary Jane PORTER v. Martha PORTER, as Executrix of the Estate of Denis M. Porter, Deceased.

Supreme Court of Alabama.

Rehearing Denied May 31, 1985.


Attorney(s) appearing for the Case

Drayton N. James of Clark, James & Crittenden, Birmingham, for appellant.

Jesse P. Evans III of Smyer, White, Taylor, Evans & Putt and Douglas Key of Key & Risner, Birmingham, for appellee.


ALMON, Justice.

This is an appeal by Mary Jane Porter from a partial summary judgment rendered in favor of Martha Porter. The issue is whether a divorce decree destroyed a joint tenancy with right of survivorship in real estate.

The appellant, Mary Jane Porter, and the late Denis M. Porter were married in 1948. In 1963 they purchased a house and lot in Jefferson County under a deed containing the following habendum clause:

"[Grantors] do grant, bargain...

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