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REMBE v. STEWART

No. 85-1061.

387 N.W.2d 313 (1986)

Lorna M. REMBE, Executor of the Estate of Verna M. Chappell, Deceased, Appellant, v. Bertha M. STEWART and Bruce Godbersen, Appellees.

Supreme Court of Iowa.

May 21, 1986.

Attorney(s) appearing for the Case

Daniel D. Dykstra and John C. Gray of Eidsmoe, Heidman, Redmond, Fredregill, Patterson & Schatz, Sioux City, for appellant.

Harry H. Smith and Dennis M. McElwain, Sioux City, for appellees.

Considered by REYNOLDSON, C.J., and HARRIS, CARTER, WOLLE, and LAVORATO, JJ.

HARRIS, Justice.

This appeal invites us, on public policy grounds, to change a longstanding rule concerning property held in joint tenancy. We decline in the belief that any such change should be by statute.

The general rule that a surviving joint tenant takes real property free of the debts of the deceased joint tenant appears to be well-settled, at least in most jurisdictions. See 48A C.J.S. Joint Tenancy § 3 (1981) ("[O]n the death of...

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