Backus v. Backus

OPINION OF THE COURT

JONES, Chief Justice.

This is an appeal from a decree in equity brought by a deserted wife seeking to have her husband declared trustee for her of his undivided one-half interest in entireties real estate held by the parties. The lower court dismissed her complaint, finding that appellant lacked capacity to sue because of Sections 111 and 114 of the Married Women’s Property Act which prohibit actions seeking to destroy entireties estates prior to termination of *383the marriage. Act of June 8, 1893, P.L. 344, § 3, 48 P.S. § 111; Act of May 1, 1913, P.L. 146, § 1, 48 P.S. § 114.…