Honeycutt v. Citizens National Bank in Gastonia

The ultimate questions for decision are these: 1. Did the plaintiff own all or any part of the property in controversy as of the date of her husband’s death? 2. If so, is she precluded from asserting her claims against defendants, based on such ownership, by her acceptance of benefits under her husband’s will?

A deed to husband and wife, nothing else appearing, vests the title in them as tenants by entirety. Byrd v. Patterson, 229 N.C. 156, 48 S.E. 2d 45, and cases cited. The fact that the husband paid the entire purchase price, standing alone, does not affect the character of the estate…