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equity
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Klouda v. Pechousek, 414 Ill. 75, 110 N.E.2d 258

Facts

Victor Pechousek, Sr. executed deeds on June 1, 1950, conveying his interests in two properties to his six children, with a provision that the deeds were not to be recorded and would not take effect until his death. The deeds were delivered to his daughter, Tillie Klouda, who kept them in a safety deposit box. Pechousek retained possession and control of the properties until his death on January 15, 1952. The children sought to register the deeds after his death, leading to the dispute with their stepmother, Theresa Pechousek.

It appears that one of the properties consisted of a dwelling located on Clinton Avenue in Berwyn. On and prior to June 1, 1950, the date of the deeds in question, title to this property was registered in Victor Pechousek, Sr., and appellant, his wife, as joint tenants.

Issue

Did the deeds sever the joint tenancies existing between Pechousek and his wife?

Did the deeds sever the joint tenancies existing between Pechousek and his wife?

Rule

Four coexisting unities are necessary for the creation and continuance of a joint tenancy: unity of interest, unity of title, unity of time, and unity of possession. Any act that destroys these unities operates as a severance of the joint tenancy.

It is fundamental that four coexisting unities are necessary and requisite to the creation and continuance of a joint tenancy; namely, unity of interest, unity of title, unity of time, and unity of possession.

Analysis

The court found that the deeds were validly delivered, despite the provision that they were not to take effect until the grantor's death. The delivery of the deeds to Mrs. Klouda indicated an irrevocable transfer of interest, and the court emphasized that the intention of the grantor was clear. The deeds effectively severed the joint tenancy by destroying the unity of interest, as the children were granted a remainder interest subject to the grantor's life estate.

The rules with respect to delivery of deeds have been often stated. The matter turns largely upon the grantor's intention, to be gathered from surrounding circumstances.

Conclusion

The Supreme Court affirmed the Circuit Court's decrees, concluding that the deeds operated in equity to sever the joint tenancies between the decedent and his wife.

Decrees affirmed.

Who won?

The children of Victor Pechousek, Sr. prevailed in the case because the court found that the deeds effectively severed the joint tenancies, granting them equitable rights to the properties.

The circuit court of Cook County concluded that the joint tenancies had been severed and by its decrees directed the registrar of titles of Cook County… to issue certificates of title in Theresa Pechousek, widow of Victor Pechousek, Sr., and the six children of Victor Pechousek, Sr., accordingly.

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