Deeds — Husband and wife — Estate by entireties — Agreement declaring parties thereafter to hold as tenants in common — Uncertain provision for life estate in another — Failure to use words of conveyance.
In an equity proceeding, in which it appeared that plaintiff and his wife entered into an agreement which provided that certain real property should no longer be held by them as tenants by the entireties, but rather that each should own an undivided one-half interest as tenant in common, without the right of survivorship, to the same force and legal effect as though this had been done by deed duly executed by the parties and recorded, and which further provided that, in the event of the death of the wife, the undivided one-half interest established by the agreement should become the sole and separate property of F, guardian of the person and property of W, for the personal care, use and benefit of W (plaintiff's sister-in-law), who was mentally retarded and physically unable to work and care for herself; and that the court below Held that the agreement was null and void and of no effect, because (1) the agreement did not contain the words "grant and convey" or either of said words deemed effective to pass to the grantee a fee simple title, (2) the interest allegedly transferred to F was uncertain and worked an unreasonable restraint on alienation of the property in the light of the remoteness of its serving the intended purpose of benefiting W, and (3) there is an absolute incapacity on the part of husband and wife to hold real property as tenants in common where there is present unity of time, title and interest; it was Held that the order of the court below should be affirmed.
Argued March 21, 1960.
OPINION BY WATKINS, J., June 20, 1960:
The order of the court below is affirmed on the opinion of Judge WEINROTT, as reported in 20 Pa. D. C. 2d 742.