Vonville v. Dexter

DISSENTING OPINION ON PETITION FOR REHEARING

Crumpacker, J.

The appellees’ petition for a rehearing together with their brief in support thereof have convinced me that this appeal should be reheard and the judgment affirmed.

It must be conceded that no portion of an estate by entireties passes to a trustee in bankruptcy of either of the spouses as an asset of the estate of the bankrupt. This refers of course to tenancies of that nature which are legitimately created and not in fraud of the creditors of either spouse. Fraud vitiates any transaction upon which it lays its hands and there is…