Lemarr v. Dyke

By Judge Robert K. Woltz

The plaintiffs, Executors of James G. Dyke, filed their bill against his widow, Erma L. Dyke, for construction of a deed to certain realty to determine whether such deed to the decedent and the defendant created a tenancy in common, in which event one half of the realty would form a part of decedent’s estate, or a tenancy by entireties, in which event by operation of the deed, the defendant would be the sole owner of the realty.

In 1962 Eichner et vir conveyed a lot with improvements in Clarke County to decedent and defendant, they being husband and wife at the time.…