In re Nielsen's Estate

1 Citing case

  1. Smith v. Smith

    290 Mich. 143 (Mich. 1939)   Cited 14 times
    In Smith the deed conveying to father and son as joint tenants contained a clause that neither could sell without written consent of the other.

    "An additional parol agreement omitted from the executed writing, existing prior to or contemporaneous with that embodied in the writing, may not, under the guise of proving consideration, be added to the writing itself." See, also, In re Nielsen's Estate, 272 Mich. 636. Having determined that there was no competent testimony offered to vary the terms of the deed of November 1, 1919, we now consider the nature of the deed between father and son. Defendant claims this deed created a joint tenancy in the father and son.