Darryl Bryant, Sr. vs. Darryl Bryant, Jr.
Mar 30, 2015OUTCOME: The decision was Favorable to Mr. Ellis' client and was published by the Tennessee Supreme Ct on April 19, 2017.
This decision upheld the right of a joint tenant to terminate the right of survivorship. It will have significant consequences in the real property area. The case involved a deed whereby a mother sig ... ned her right to the property to herself and her son, Darryl Bryant, Sr; as "Joint tenants with right of survivorship" . She later had a change of heart and conveyed all her title and interest to her grandson, Darryl Bryant, Jr. Then she died. The question is who owns the property. Tennessee law has traditionally been that the "right of survivorship" was terminated when the mother conveyed her 1/2 to her grandson. Previously, there were only two (2) cases on this issue and they are both over 100 years old. The Trial Judge ruled that the right of survivorship was NOT terminated, and that the grandson only received the right to own the property if the son died before the mother. The Trial Court, and Court of Appeals were overturned.
