In a familiar tale of familial feuds over passed down property, a son and grandson fight for their ownership claim in a house. On June 9, 2009, Molly Bryant executed a deed that conveyed a house in Davidson County, Tennessee, to herself and her son, Darryl Bryant (Son). The deed granted the property to the two as joint tenants with an express right of survivorship. In the event of one of the joint tenants’ death, his or her stake would transfer to the surviving tenant. 

On September 2, 2010, Molly Bryant executed another deed which conveyed her interest in the property to her grandson, Darryl Brant, Jr. (Grandson). Both of the deeds were recorded with the Register of Deeds for Davidson County. 

Molly Bryant passed away several years later in November 2013. Grandson was living with Molly Bryant when she died. In July 2014, the Son filed a complaint seeking declaratory judgment and possession of the property in whole. The Son argued that the only interest conveyed in the 2010 deed was her survivorship interest. Because Molly Bryant died, the Son asserted, the Grandson was left with no interest in the property. The Grandson rebutted with a motion to dismiss the complaint, contending that the Son’s right of survivorship was stricken when Molly Bryant conveyed her interest in the property to him. The Grandson further argued that he and the Son became tenants in common upon the execution of the 2010 deed. 

The trial court and the Court of Appeals both ruled in favor of the Son, granting him property in fee simple. However, the Tennessee Supreme Court accepted the Grandson’s appeal. The Tennessee Supreme Court addresses the following issue: Can a joint tenancy with an express right of survivorship be severed by the unilateral actions of one of the cotenants? If so, what happens to tenancy? 

Do you think a co-tenant should be able to unilaterally dissolve a joint tenancy? Explain why or why not. How do you think the Tennessee Supreme Court ruled? Why?