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CENTRAL NATL. BANK OF CLEVELAND v. FITZWILLIAM

No. 83-1325.

12 Ohio St. 3d 51 (1984)

CENTRAL NATIONAL BANK OF CLEVELAND, EXR., APPELLEE, v. FITZWILLIAM ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided July 3, 1984.

Attorney(s) appearing for the Case

Messrs. Jacobs, Cohn, Rubin & Ziskind and Mr. Armand Cohn, for appellee.

D. Kevin O'Reilly Co., L.P.A., and Mr. D. Kevin O'Reilly, for appellants.

CELEBREZZE, C.J.

We are asked today to determine whether the General Assembly, in enacting R.C. 5302.17, intended to allow spouses to hold property in such a manner that one spouse cannot alienate the property absent the consent of the other spouse.

R.C. 5302.17 provides:

"A deed conveying any interest in real property to a husband and wife, and in substance following the form set forth in this section, when duly executed in accordance with Chapter...

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