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Section 5302.17 of the Ohio Revised Code provides for the creation of estates by the entirety in real property by use of a deed in form prescribed by statute. At the time of its enactment in 1972 this section was thought to have reversed the nonrecognition of common law survivorship estates that had prevailed in Ohio's courts for almost one and one-half centuries. Although the statute has not had the impact originally supposed, it is evident that this casual intrusion by the legislature in an area of settled law has raised questions not heretofore addressed by the Ohio judiciary.

This comment will review the principles of concurrent estates as developed at common law, and exhibit the modifications adopted by Ohio courts prior to 1972. By a detailed analysis of the statute's construction, two alternative theories on the nature of Ohio's estate by the entirety will be proposed. Solutions to anticipated problems in the operation of the statute will then be suggested under each alternative theory.

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