In Re Estate of Ewers

The opinion of the court was delivered by

Hatcher, C.:

This appeal stems from a controversy over the validity of a deed conveying real estate to a husband and wife as joint tenants.

The appellant, Ermon F. Albaugh, is the son, and the appellant, Nadine Kidwell, is the daughter of a deceased son of Ina M. Ewers, deceased wife of the decedent, James Lloyd Ewers. Ina M. Ewers and James Lloyd Ewers were married in 1942, both having been previously married and both having children by their prior marriages.

At the date of the marriage of Ina M. Ewers and James Lloyd Ewers, Ina was the owner of the real…