Woolard v. Smith

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.

The deed, by express language, recites both a desire and a willingness on the part of the party of the first part to create an estate by the entirety. Following this recital are…