Kincaid Estate

MILLER, J.,

The executrix seeks to enjoin the surviving, but apparently estranged, husband of the decedent from receiving and disposing of payments made on a mortgage given to the decedent and her husband as tenants by the entireties on the theory that the tenancy was extinguished prior to the decedent’s death.

The facts were stipulated to and are as follows. Dorothy C. Kincaid and Robert T. Kincaid were husband and wife for a long time. In the latter part of 1989 the decedent filed the divorce action against her husband but that was never completed. The decedent died on January 20, 1990.

In…