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30. After both wills have been duly probated, who owns what interest in the land?
A landowner conveyed his land by quitclaim deed to his daughter and son «as joint tenants in fee simple.» The language of the deed was sufficient to create a common law joint tenancy with right of survivorship, which is unmodified by statute. The daughter then duly executed a will devising her interest in the land to a friend. Then the son duly executed a will devising his interest in the land to a cousin. The son died, and later the daughter died. Neither had ever married. The daughter's friend and the cousin survived.
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D is correct. A joint tenancy with right of survivorship is not devisable or inheritable and cannot be severed by a will. When a joint tenant dies, their interest in the property is extinguished and passes directly to the other co-tenant or co-tenants. In this case, the son and the daughter received title as joint tenants with right of survivorship. On the death of the son, the interest of the daughter increased, and she then owned the land alone and in fee simple. She had the right to devise that entire interest by will to her friend.
A is incorrect. Under a joint tenancy, when one joint tenant dies, the deceased's interest in the property automatically passes to the other joint tenant or tenants. This is called the right of survivorship. Here, the son's interest in the land terminated on his death and the daughter's interest increased. The son had no separate interest in the land to convey by will to the cousin.
B is incorrect. This answer choice assumes that both the son and daughter have the ability to devise their interest in the joint tenancy to their devisees, which is incorrect. Under a joint tenancy, the right of survivorship applies, which consolidates all remaining interest in the property within the surviving joint tenants. The son's interest was extinguished at the time of his death and passed to the daughter, so the cousin gets nothing.
C is incorrect. Because a joint tenancy is not devisable or inheritable and cannot be severed by a will, the son's interest terminated upon his death and he had no interest to convey to the cousin. Thus, the cousin cannot hold any kind of interest in the property.