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OnJune30,2007,MartinHendricksonandSolveigHendricksonweremarried,andonJanuary3,2008,ahomepreviouslyownedbyMartinwasconveyedtothemasjointtenantsandnotastenantsincommon.SolveigHendricksonpaidnopartoftheconsiderationforthepremises.OnAugust3,2015,MartinHendricksondulyexecutedaDeclarationofElectiontoSeverSurvivorshipofJointTenancybywhichheendeavoredtopreserveaninterestinthepremisesforRuthHalbert,hisdaughterbyapreviousmarriage.Onthesameday,heexecutedhislastwillandtestament,bythetermsofwhichhedirectedthathiswife,SolveigHendrickson,receivetheminimumamounttowhichshewasentitledunderthelawsoftheStateofMinnesota.MartinHendricksondiedwithavalidwillonOctober9,2015. WhataretheargumentsthatthejointownershipwasseveredbyMartinHendrickson'sdeclaration,thuscreatingatenancyincommon? WhataretheargumentsthatthejointtenancywasnotseveredbyMartinHendrickson'sdeclarationandthusthepropertypassedtoSolveigHendricksonbysurvivorshipuponMartinHendrickson'sdeath? Whichargumentshouldprevail?Explain.

OnJune30,2007,MartinHendricksonandSolveigHendricksonweremarried,andonJanuary3,2008,ahomepreviouslyownedbyMartinwasconveyedtothemasjointtenantsandnotastenantsincommon.SolveigHendricksonpaidnopartoftheconsiderationforthepremises.OnAugust3,2015,MartinHendricksondulyexecutedaDeclarationofElectiontoSeverSurvivorshipofJointTenancybywhichheendeavoredtopreserveaninterestinthepremisesforRuthHalbert,hisdaughterbyapreviousmarriage.Onthesameday,heexecutedhislastwillandtestament,bythetermsofwhichhedirectedthathiswife,SolveigHendrickson,receivetheminimumamounttowhichshewasentitledunderthelawsoftheStateofMinnesota.MartinHendricksondiedwithavalidwillonOctober9,2015.

  1. WhataretheargumentsthatthejointownershipwasseveredbyMartinHendrickson'sdeclaration,thuscreatingatenancyincommon?
  2. WhataretheargumentsthatthejointtenancywasnotseveredbyMartinHendrickson'sdeclarationandthusthepropertypassedtoSolveigHendricksonbysurvivorshipuponMartinHendrickson'sdeath?
  3. Whichargumentshouldprevail?Explain.

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