Preston v. Chabot

I cannot agree with the majority’s reasoning or disposition of this case. The court below erred in construing the decision of this Court in In re Estate of Mahoney, 126 Vt. 31, 220 A.2d 475 (1966), and the law of tenancies by the entirety.

In the case of Town of Corinth v. Emery, 63 Vt. 505, 506— 07, 22 A. 618, 618 (1891), this Court set forth the common law of tenancies by the entirety as follows:

This estate, created by conveyance to husband and wife, is a peculiar one. The interest of the grantees is not joint, nor in common. The parties do not hold moieties, but take as one person, taking…