Question
(17) Fred had three sons, Tom, Dick, and Harry, and devised his home to them as tenants in common. On his death, Tom, the diligent
(17) Fred had three sons, Tom, Dick, and Harry, and devised his home to them as tenants in common. On his death, Tom, the diligent son, bought Dick's interest, moved into the home, married, and started a family. Harry, the prodigal and wasteful son, left to travel the world. Harry returned many years later with bad habits of alcohol and drug abuse, and demanded to live in the home as well, with full access to the property. Tom refused, arguing that Dick's share gave him a 2/3 majority interest in the property and entitled him to exclude Harry. Would a court sustain Harry's demand to share the house?
o Yes.
o No
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