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HOOVER v. SMITH

Record No. 930853.

444 S.E.2d 546 (1994)

Susan M. Shoemaker HOOVER, et al. v. David Martin SMITH, et al.

Supreme Court of Virginia.

June 10, 1994.

Attorney(s) appearing for the Case

C. Waverly Parker, Stanardsville, for appellants.

Richard A. Baugh, Harrisonburg, for appellee Shelby J. Moubray, a/k/a Shelby J. Mowberry.

Benjamin H. Carr, Jr., Broadway, for appellees David Martin Smith and Vivian Secrist Smith.

No brief or argument on behalf of appellees Alvin Leon Shoemaker, et al.

Present: All the Justices.

CARRICO, Chief Justice.

The question for decision in this case is whether a deed conveying land to grantees "as joint tenants, and not as tenants in common" creates an estate with survivorship. The trial court answered the question in the affirmative. Finding that the trial court erred, we will reverse.

The question arose from a deed dated November 1, 1928, conveying to Add Shoemaker and Bessie Shoemaker, his wife, one acre of land on Gap Road, near Peak Mountain...

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