REICHERTER v. McCAULEY

No. 106,622.

283 P.3d 219 (2012)

Douglas M. REICHERTER and Carolyn S. Reicherter, Husband and Wife, individually and as Trustees of the Douglas M. Reicherter and Carolyn S. Reicherter Trust under date of January 3, 2007, Appellants, v. Barbara J. McCAULEY, Executor of the Estate of Richard F. Reicherter, deceased, Appellee.

Court of Appeals of Kansas.

July 13, 2012.


Attorney(s) appearing for the Case

Dennis A. White , of White Law Office, of Holton, for appellants.

Michael M. Jackson , of Michael M. Jackson Law Firm, of Topeka, for appellee.

Before MARQUARDT, P.J., HILL, J., and LARSON, S.J.


HILL, J.

In this appeal, we must decide if one joint tenant, 10 days before his death, can effectively destroy a joint tenancy interest in a tract of real estate and replace it with a tenancy in common tenant by signing a quitclaim deed to himself and giving it to his lawyer for recording. Guided by the clearly manifested intent of the party making the conveyance here and because jointly owned property is freely transferable, we hold that the transfer of title was...

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