Saxon v. Saxon

Gaynor, J.:

The plaintiff owned the land, and made deeds of conveyance of it to himself and his wife. The words of conveyance are to them and “ their heirs and assigns forever”. The wife claims that partition will not lie for the reason that she and her husband are each seized of the entirety under the conveyances. At common law a conveyance to husband and wife necessarily and unavoidably made them tenants by the entirety, the survivor to take the whole estate, owing to the common law rule of the unity of husband and wife. Notwithstanding the statutes in this state enabling married women to…