DARRYL F. BRYANT, SR. v. DARRYL F. BRYANT, JR. - Articles

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Posted by: Chandra Williams on Sep 29, 2015

Court: TN Court of Appeals

Attorneys 1:

Leroy Johnston Ellis, IV, Old Hickory, Tennessee, for the appellant, Darryl F. Bryant, Jr.

Attorneys 2:

Ronald Buford Buchanan, Hendersonville, Tennessee, for the appellee, Darryl F. Bryant, Sr.

Judge(s): BENNETT

Owner of real property conveyed, by quitclaim deed, an interest to herself and her son as joint tenants, with the right of survivorship. Owner then conveyed her interest to her grandson by quitclaim deed a year later. In the deed to her grandson, Owner expressly referenced the earlier deed to her son, the grandson’s father. After Owner died, the son filed a declaratory judgment in which he asked the court to rule that he owns the property in fee simple. The son filed a motion for summary judgment, which the trial court granted. The grandson appealed the trial court’s judgment. We affirm. Owner transferred her right of survivorship to her grandson; but this right would come into play only if her son predeceased her. Because Owner died first, the son exercised his right of survivorship and became the sole owner in fee of the property.

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