Sweeny v. Palus

This is an action to determine heirs and revolves around the import of a deed given during coverture by decedent’s pre-deceased husband who received the interest by descent from his first wife. This involves the application of Section 2105.10, Revised Code, the so-called “half and half” statute. If the real estate came to decedent by gift and not by purchase, one-half must pass back to the heirs of the predeceased husband.

The answer to the question depends on the effect of the following language in the deed: “* * * for the consideration of Ten Dollars ($10.00) received * *

*31The only probative…