Beall v. Beall

Smith and Digges, JJ., dissent. Smith, J., filed a dissenting opinion at page 236 infra, in which Digges, J., concurs.

In this case we are called upon to decide, after a brief discussion of the reasons a purported option to purchase land does not satisfy the requirements of the statute of frauds, a question of first impression:1 whether a bare offer by husband and wife to sell land held as tenants by the entirety survives the death of one of the tenants.

We summarize the facts. Calvin and Cecelia Beall were husband and wife, who in 1956 purchased as tenants by the entirety a 1/2 acre parcel of…