Wilson v. . Ervin

We shall first consider the defendant’s appeal.

The trial below was conducted upon the theory that since the real property had been held by the plaintiff and the defendant’s intestate as tenants by the entirety, the proceeds derived from the sale thereof, if such proceeds were held by defendant’s intestate at the time of his death, passed to his administrator, as a part of the estate, and are held in trust for the survivor, his wife. In this there was error.

An estate by entirety in personal property is not recognized in tbis State. Turlington v. Lucas, 186 N. C., 283, 199 S. E., 366; Davis v.…