Real Property - Joint Tenancy - Effect of Contract to Convery by Joint Tenants of Entire Interest in Property as a Severance of the Joint Tenancy

H and W, as owners of certain real state in joint tenancy with rights of survivorship, contracted to convey this property. Prior to conveyance, and while part of the purchase price still remained to be paid, H died. Petitioner, an heir of H, brought action in equity for a declaratory judgment to determine the effect of a contract to convey land held in joint tenancy. The lower court held the joint tenancy had been terminated by the contract of sale and the contract to convey was held by H and W as tenants in common so that on the death of H his undivided one-half interest descended to his heirs.

On appeal, held, affirmed, four judges dissenting. The contract to convey severed the joint tenancy. Also, H and W did not show an intent that the contract was to be held in joint tenancy, and therefore it was held in tenancy in common. In re Bakers Estate, 247 Iowa 1380, 78 N.W. (2d) 863 (1956).