Kunz v. Kurtz

Citations

• 8 Del. Ch. 404

Syllabus

<p>Where lands were conveyed to a husband and wife with habendum to them “their heirs and assigns forever,” and the wife died during the lifetime of the husband, who thereafter entered into a contract for the sale of the said lands, and the purchaser refused to accept the deed from the husband, alleging that he took no title by survivorship, held:</p> <p>(1) That by virtue of the conveyance the husband and wife became seized of an estate in entirety in fee simple, and that upon the death of the wife the husband became possessed of an estate in severalty, Which he was able and capable in law to convey in fee simple.</p> <p>(2) That a decree for the specific performance of the contract of sale will be made against the purchaser thereunder.</p> <p>In this State, a conveyance of lands to a husband and wife creates an estate in entirety, and upon the death of the wife during the lifetime of the husband, the latter becomes possessed of an estate in severalty which he is able to convey in fee simple.</p> <p>The estate in entirety exists in this State as at common law, and is not affected by the legislation for the benefit and protection of married women contained in the acts of March 17, 1865, March 23, 1871, and April 9, 1873, and the various amendments thereof.</p> <p>The statute of this State providing that conveyances to two or more persons shall be deemed to create a tenancy in common and not a joint tenancy does not apply to estates in entirety under conveyances to husband and wife.</p>