Charles and mary gunderson owned a house at 532 summer


Charles and Mary Gunderson owned a house at 532 Summer Place, N.Y. (the Summer Place property) as tenants by the entirety. They had three children: Barbara Gillis, Joan Wallen, and Martha Washington. When Mary Gunderson died in 1984, Charles became the sole owner of the Summer Place property. The following year, Charles remarried, but the marriage was unsuccessful. To avoid a possible loss of the Summer Place property, Barbara forwarded Charles funds to satisfy the second wife’s financial demands. In exchange, Charles conveyed the property to Barbara and himself as joint tenants. In 2005, Charles conveyed his interest in the Summer Place property to his daughter, Martha Washington. In 2005, Charles died. Barbara died in 2011, and Joan Wallen died in 2011. Martha Washington claims to be a tenant in common with the estate of Barbara Gillis. The estate claims that when Charles died, Washington’s interest in the land was extinguished, and Barbara became the sole owner of the Summer Place property. Who is correct? Why? Please explain.

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