| Court: | WI Supreme Court |
| Facts: | Old Bertha has three sons: Walter, Herbert, and Arnold. Herbert has worked the farm all his life, and she wants him to have it. Her will specifies this, but she's worried Walter will make trouble, so she gets Arnold to help her find someone to re-do the will, so that Herbert will get the farm, but it'll stay with Bertha in the event Herbert pre-deceases her. The scrivener screws up: especially on joint tenancy vs. tenancy in common. |
| Posture: | Trial court says that it creates tenancy in common, not joint tenancy, and should be void. |
| Issue: | Should we uphold this will? |
| Holding: | It's not void |
| Rule: | I don't know. This is a mess. |
| Reasoning: | There's no such thing tenancy in common with right of survivorship. That's joint tenancy. Appeal to Breitenbach |
| Dicta: | Hilarious commentary on motion for rehearing: people seem not to have understood what the court was saying. So they say it again. |