Homanich v. Miller

CLARK, Judge.

This case presents the problem of rights to property held as tenants by the entirety by the slayer-wife and decedent-husband. The problem has been solved in a variety of ways in other states. See Anno., 42 A.L.R. 3d 1116; 2 Lee, N. C. Family Law, § 119. And it has been solved in North Carolina. See In re Estate of Perry, 256 N.C. 65, 123 S.E. 2d 99 (1961), which held that the wife-slayer was a constructive trustee, for their daughter, of the rents and profits of the tenancy by the entirety, at least during the full term of the husband’s life expectancy, in accordance with the…