Evans v. Evans
Annotate this CaseDouglas and Wanda Evans obtained title to a parcel of real property as tenants by the entirety with right of survivorship by way of a deed. In 1976, Douglas executed a general warranty deed purporting to convey to Wanda all of his interest in the property. In 1993, Wanda executed a deed purporting to convey by general warranty “all of her interest in” the property to herself as trustee of the Wanda S. Evans Trust, which granted the property to her son, William, subject to a life estate in Douglas. After both Wanda and Douglas died, William filed a declaratory judgment action seeking to quiet title int he property. The circuit court concluded that the 1993 deed was ineffective to transfer any interest in the property to the trust because the 1976 deed was ineffective to divest Douglas of his interest since it was not executed by both Douglas and Wanda as grantors. The Supreme Court reversed, holding that the circuit court erred in finding that the 1976 deed was ineffective and void because there was sufficient evidence to establish the mutual consent of Douglas and Wanda to the conversion of their tenancy by the entirety ownership of the property to the fee simple ownership in Wanda.
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