Blease v. Anderson

Citations

• 241 Pa. 198
• 88 A. 365
• 1913 Pa. LEXIS 760

Syllabus

<p>Beal property — Estates—Conveyance to husband and wife of individual estates to each — Construction.</p> <p>1. While the Married Women’s Property Acts do not abolish or affect estates by entireties where the grant expressly and in effect creates such an estate, a conveyance to husband and wife creating distinctly defined, undivided parts or individual estates to each will not be construed to create an estate by entireties.</p> <p>2. In a deed to husband and wife by name granting to them an undivided four-fifths interest in certain real property it was expressly provided, “It is understood and agreed that there is hereby conveyed an undivided ten-fifteenths part to the said (husband) and an undivided two-fifteenths part to the said (wife) so that (wife) being already the owner of an undivided three-fifteenths part......will be the owner of an undivided five-fifteenths part.” In an action of ejectment by an heir of the deceased husband against the wife, who claimed to own all the land as a surviving tenant by the entireties, it was held, that the grantees did not take by entireties but that they took an individual undivided interest or estate in the property in question.</p>