Boehringer v. Schmid

This is an action for partition of real property and squarely presents the following questions for determination: Can a husband, seized in fee of real property, deed to himself and wife and thereby create in such husband and wife an estate by the entirety?

*237If not, is such a deed void or does it create a joint tenancy or tenancy in common?

The facts herein are without dispute. One Joseph Schmid and his wife, Theresia Schmid, became seized in 1886 as tenants by the entirety of the real property herein sought to be partitioned. The said Theresia Schmid thereafter died, and the fee vested in Joseph…