Bryant v. Bryant

• Citation: 522 S.W.3d 392
• Decision Date: 19 April 2017
• Docket Number: No. M2014–02379–SC–R11–CV,M2014–02379–SC–R11–CV
• Parties: Darryl F. BRYANT, Sr. v. Darryl F. BRYANT, Jr.
• Court: Supreme Court of Tennessee

522 S.W.3d 392

Darryl F. BRYANT, Sr.

v.Darryl F. BRYANT, Jr.

No. M2014–02379–SC–R11–CV

Supreme Court of Tennessee, AT NASHVILLE.

June 2, 2016 Session

Filed April 19, 2017

Leroy Johnston Ellis, IV, Old Hickory, Tennessee, for the Defendant/Appellant Darryl F. Bryant, Jr.

Ronald B. Buchanan, Nashville, Tennessee, for the Plaintiff/Appellee, Darryl F. Bryant, Sr.

Holly Kirby, J., delivered the opinion of the court, in which Jeffrey S. Bivins, C.J., and Cornelia A. Clark and Roger A. Page, JJ, joined. Sharon G. Lee, J., filed a dissenting opinion.

OPINION

Holly Kirby, J.

We granted permission to appeal in this case to address whether a joint tenancy with an express right of survivorship can be severed by the unilateral actions of one of the co-tenants. The owner of the property at issue in this appeal executed a deed conveying the property to herself and to her son in a joint tenancy with right of survivorship. The same grantor later executed a quitclaim deed granting her interest in the property to her grandson (the son's child). After the grantor died, the son filed a declaratory judgment action against the grandson, claiming that the son was the rightful owner of the property in fee simple as the surviving joint tenant under the first deed. In response, the grandson asserted that the grantor's second deed severed the joint tenancy, conveyed the grantor's one-half interest to him, and destroyed the son's right of survivorship. The trial court granted the son's motion for summary judgment, and the Court of Appeals affirmed. We reverse. Following the common-law doctrine of severance, we hold that a joint tenancy with an express right of survivorship may be severed by the unilateral action of one of the co-tenants, and that doing so converts the estate into a tenancy in common and destroys the survivorship interests of the original joint tenants. In this case, the grantor's second deed, conveying her interest in the property to the grandson, severed the joint tenancy and destroyed the son's right of survivorship, so the son and the grandson own the property in equal parts as tenants in common.

FACTUAL AND PROCEDURAL BACKGROUND

In April 2006, James and Molly Bryant, husband and wife, purchased property on Hadley Avenue in Old Hickory, Davidson County, Tennessee ("the Property"). In February 2009, James Bryant died, and Molly Bryant became the sole owner of the Property.

A few months after Mr. Bryant's death, on June 9, 2009, Ms. Bryant executed a quitclaim deed that conveyed the Property to herself and her son, Plaintiff/Appellee Darryl Bryant, Sr. ("Son"), as joint tenants with an express right of survivorship. The deed to Ms. Bryant and Son states: I, Molly Bryant, a widow, have this day bargained and sold, and do hereby transfer and convey unto Molly Bryant and Darryl Bryant[, Sr.,] for the purpose of creating a joint tenancy with right of survivorship, ... all my estate, right, title, interest and claim in and to [the Property]."

Just over a year later, on September 2, 2010, Ms. Bryant executed another quitclaim deed on the same Property. This quitclaim deed purported to convey the Property to Son's child, Defendant/Appellant Darryl F. Bryant, Jr., who is Ms. Bryant's grandson ("Grandson"). The deed states that Ms. Bryant does "hereby quitclaim undivided interest, right, and title [in the Property] to [Grandson]." Both the June 2009 deed and the September 2010 deed were duly recorded with the Register of Deeds for Davidson County.

In November 2013, Ms. Bryant died at the age of eighty-nine. At the time of Ms. Bryant's death, Grandson was living with her in the home on the Property.

In July 2014, Son filed a complaint against Grandson in the Chancery Court of Davidson County, Tennessee, seeking a declaratory judgment and possession of the Property. In the complaint, Son averred that, because the June 2009 quitclaim deed granted Son a right of survivorship, he became the sole owner of the Property in fee simple upon Ms. Bryant's death. He asserted, "The only interest that [Ms. Bryant] conveyed to [Grandson] was her survivorship interest whereby she would own the Property if she survived [Son]." Thus, Son contended, upon Ms. Bryant's death, Grandson was left with no interest in the Property. Son asked the trial court to enter "an order declaring that the Property is now vested entirely in [Son] and that [Grandson] has no ownership in the Property, legal or equitable, whatsoever." Son also sought an order requiring Grandson to vacate the Property. Soon after filing the complaint, Son filed a motion for summary judgment claiming that, on the undisputed facts, he was entitled to judgment as a matter of law.

In response, Grandson filed a motion to strike Son's summary judgment motion and to dismiss the complaint for failure to state a claim upon which relief could be granted. See Tenn. R. Civ. P. 12.02(6). Grandson claimed in his motion that, in the September 2010 deed, Ms. Bryant conveyed to him her one-half interest in the property and that this conveyance severed Son's right of survivorship. Grandson asserted that Son's complaint was "based on an improper legal premise that the co-tenants in a Joint Tenan[cy] with the Right of Survivorship are not at liberty to unilaterally terminate the Right of Survivorship." He contended that, when Ms. Bryant conveyed her interest to him (Grandson), Son and Grandson became equal owners in the Property as tenants in common. The trial court denied Grandson's motion to dismiss and scheduled a hearing date for Son's summary judgment motion.

In October 2014, the trial court conducted the scheduled hearing on Son's motion for summary judgment.¹ Ultimately, the court ruled in favor of Son. It approached the issue as one of first impression; looking to the law in other jurisdictions, the trial court decided to take guidance from the law in Michigan. Following Michigan law, the trial court held that a joint tenancy with an express right of survivorship is comprised of a joint life estate with dual contingent remainders and that the contingent remainders are not subject to being destroyed by the actions of a co-tenant. Slip Op. at 3–4 (following Wengel v. Wengel , 270 Mich.App. 86, 714 N.W.2d 371, 378 (2006) (citing Albro v. Allen , 434 Mich. 271, 454 N.W.2d 85, 93 (1990) )). Accordingly, the trial court held, each co-tenant in a joint tenancy with right of survivorship "has the right to own the fee title upon the death of the other cotenant," and "[o]ne co[-]tenant should not have the right to destroy that right of survivorship by his/her unilateral action." Id. at 4. On that basis, the trial court granted summary judgment in favor of Son. Grandson appealed.

The Court of Appeals affirmed the trial court's decision, albeit on a different basis. Bryant v. Bryant , No. M2014-02379-COA-R3-CV, 2015 WL 5695207, at *4 (Tenn. Ct. App. Sept. 28, 2015). The appellate court reasoned that "Ms. Bryant's intent, as evidenced by the language she used in her deeds, determines the outcome in this case." Id. It first observed that the June 2009 deed plainly reflected Ms. Bryant's intent to convey to Son a joint tenancy with an express right of survivorship. The appellate court then pointed out that the September 2010 deed to Grandson included a reference to the June 2009 deed to Son. The reference was contained in the September 2010 deed's derivation clause, which gives information about the source of the grantor's title. The relevant part of the derivation clause stated: "Reference is also made to instrument number 20090611–0054308," which is the June 2009 deed. Id. Ms. Bryant's reference to the June 2009 deed in the September 2010 deed to Grandson, the Court of Appeals surmised, indicated an intent to convey to Grandson "her interest in the Property, including her right of survivorship, but only in the event that she outlived [Son]." Id. The appellate court explained: "Ms. Bryant would have had no reason to reference expressly her earlier deed to [Son] unless she wanted [Grandson] to be aware of the joint tenancy and survivorship interest she had already conveyed to his father." Id. It added, "If [Son] had predeceased Ms. Bryant, then [Grandson] would have become the fee simple owner of the Property upon [Son's] death." Id. Because Ms. Bryant predeceased Son, the appellate court concluded, Son "is the sole surviving joint tenant, and he now owns the Property in fee simple." Id. We granted Grandson's application for permission to appeal.

ISSUES AND STANDARD OF REVIEW

On appeal, Grandson presents four issues for our review:

1. Under Tennessee law, what are the characteristics of a joint tenancy with a right of survivorship? How may the right of survivorship be terminated in a joint tenancy?

2. Does the grantor's creation of a joint tenancy give rise to any contract rights between the joint tenants as suggested by the trial court?

3. Does the derivation clause in a deed show intent of the grantor as suggested by the Court of Appeals?

4. When two parties hold real property located in Tennessee as "joint tenants with right of survivorship," and one of those parties independently conveys all "interest, right, and title" to a third party, what is the resulting estate in land between the original joint tenant and the third party?

We perceive the pivotal issue to be whether the joint tenancy with an express right of survivorship established in the June 2009 deed was severed by the actions of Ms. Bryant in executing the September 2010 deed to Grandson. If so, Son and Grandson own the Property in equal parts as tenants in common. If not, Son now owns the Property in fee simple as the surviving joint tenant under the June 2009 deed.

This appeal arises out of the trial court's grant of summary judgment, so we review the trial court's decision de novowith no presumption of correctness.² Rye v. Women's Care Ctr. of Memphis, MPLLC , 477 S.W.3d 235, 250 (Tenn. 2015) (citing Bain v. Wells , 936 S.W.2d 618, 622 (Tenn. 1997) ); Parker v....