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TAYLOR v. CANTERBURY

No. 03SC294.

92 P.3d 961 (2004)

Noah TAYLOR, as personal representative of the Estate of Terrell Taylor, Petitioner v. Lucy I. CANTERBURY, Respondent.

Supreme Court of Colorado, En Banc.

June 28, 2004.

Attorney(s) appearing for the Case

Frederickson & Johnson, P.C., Bryan T. Fredrickson, Canon City, Colorado, Attorneys for Petitioner.

Dufford & Brown, P.C., Joanne Herlihy, Denver, Colorado, Attorneys for Respondent.

Montgomery Little & McGrew, P.C., Frederick B. Skillern, for Amicus Curiae for the Real Estate Law Section of the Colorado Bar Association.

Justice KOURLIS delivered the Opinion of the Court.

I. INTRODUCTION

The question we address in this case is whether one joint tenant may extinguish a joint tenancy by conveying his interest in real property back to himself as a tenant in common. In the past, courts did not honor such transactions because of two premises: one, that someone could not be both a grantor and a grantee in the same real property transaction; and two, that in order to extinguish...

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