WOOLARD v. SMITH

No. 32.

94 S.E.2d 466 (1956)

244 N.C. 489

Hattle S. WOOLARD, Florence Silverthorne, James Enoch Smith, Jr., Pearlle Bell McCullar and W. E. Smith, v. Emma F. SMITH.

Supreme Court of North Carolina.

September 26, 1956.


Attorney(s) appearing for the Case

LeRoy Scott and L. E. Mercer, Washington, D. C., for plaintiff appellants.

John A. Mayo and Junius D. Grimes, Washington, D. C., for defendant appellee.


RODMAN, Justice.

The judgment presents for decision these questions:

1. May a husband, the owner of land, by deed to himself and wife create an estate by the entireties?

2. If not, may the same result be accomplished by way of estoppel?

It will be noted that the habendum of the deed reads: "unto the said parties of the first part, their heirs and assigns, in fee simple * * *" Appellants, in their brief, concede this was a clerical error...

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