Bruce v. Dyer

MARVIN H. SMITH, Judge, Retired, Specially Assigned.

Here a separation and property settlement agreement provided that certain real property of the parties held as tenants by the entireties should be sold and the proceeds divided between the estranged spouses. We shall hold that it created an enforceable interest in that real property which formed part of the estate of the spouse who unex pectedly died prior to any sale’s being negotiated. The facts are not in dispute.

On October 11, 1984, Horace Allen Bruce and Nancy Lee Bruce, husband and wife, executed a voluntary separation and property…