IN RE APPLICATION OF COUNTY RECORDER TO CERTIFY QUESTION

No. 47165.

13 Ohio App. 3d 292 (1984)

IN RE APPLICATION OF COUNTY RECORDER TO CERTIFY QUESTION TO COMMON PLEAS COURT PER R.C. 5309.43.

Court of Appeals of Ohio, Cuyahoga County.

Decided April 23, 1984.


Attorney(s) appearing for the Case

Mr. John T. Corrigan, prosecuting attorney, and Mr. Thomas P. Gill, for appellee.

Mr. Paul R. Border, for appellant.


PARRINO, J.

Appellant, Philip Miller, and his wife, Ruth Miller, owned real property located at 26813 North Woodland in Beachwood, Ohio, which was held as an estate by the entireties pursuant to R.C. 5302.17. Title to the property was registered on the Torrens Land Title Register of Cuyahoga County, Ohio.

Upon the death of Ruth Miller, appellant's counsel presented an affidavit of surviving spouse which conformed with the requirements of R.C. 5302.17. The...

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