Killgo v. James

In order to make clear my disagreement with the result reached by the majority it is necessary to consider the matter under two headings.

One. It is my conviction that when Charles and Buby Killgo secured a divorce in 1954 after they had entered into a property settlement (approved by the court) according to the terms set out in the majority opinion, the settlement was final and amounted to a dissolution of the estate by the entirety. There certainly can be no doubt that this was the intention of Mr. Killgo, Mrs. Killgo, and the chancellor, and this was definitely true after the time for…