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BANKS v. BANKS

C.A. No. 10934-VCG.

135 A.3d 311 (2016)

David L. BANKS, Petitioner, v. Mackie H. BANKS, individually and as Executrix of the Estate of Russell V. Banks, and the Estate of Russell V. Banks, Respondents.

Court of Chancery of Delaware.

Date Decided: April 4, 2016.

Attorney(s) appearing for the Case

William M. Kelleher and Phillip A. Giordano , of Gordon Fournaris & Mammarella, P.A., Wilmington, DE, Attorneys for Petitioner.

Charles T. Armbruster, III , of Tomasetti Law, LLC, Fenwick Island, DE, Attorney for Respondents.

At common law, real property transferred equally to two or more persons jointly was presumed to be held thereafter by those persons as joint tenants with right of survivorship, unless the documents of transfer provided explicitly that the property would be held as tenants in common.1 The primary...

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