94 Vt. 76 | Vt. | 1920
The fact that with funds owned and held by the husband and wife as tenants by entirety, they engaged in mercantile business ostensibly as partners, did not change the character of the estate. In law, as between themselves, the business was carried on by them as such tenants, and the property purchased for that purpose, including goods as needed, and the proceeds from the sales, were owned and held in the same manner; and on the death of the husband the wife took the whole estate by right of survivorship. Laird v. Perry, 74 Vt. 454, 52 Atl. 1040, 59 L. R. A. 340; Citizens Savings Bank & Trust Co. v. Jenkins, 91 Vt. 13, 99 Atl. 250.
It follows that since none of such property belonged to deceased husband’s estate, none could by right enter into the administrator ’s account.
Other questions were presented in argument, but it is unnecessary to consider them.
Decree affirmed. To he certified to the probate court.