Facts
- B and S, in a business partnership used partnership funds to purchase a property (to be used for selling darts equipment), and had the property conveyed to them as joint tenants
- B died, and B’s executor claimed that there was no joint tenancy as the property had been purchased as business premises. S claimed that the whole property had become vested in him as survivorship had operated
Issue
- Had survivorship operated?
Decision
- Yes
Reasoning
- Although there is a presumption that business premises are held on trusts by tenants in common, there was no evidence that there was no contrary intent to holding as joint tenants besides a clear agreement to hold as joint tenants
