Pietro v. Leonetti

The issue presented is whether or not a surviving spouse, who owned real property with her husband as joint tenants with the right of survivorship, is entitled to receive contribution from her husband’s estate where she has since sold the property and discharged all liability on a joint and several mortgage note which both she and the decedent had signed as co-makers. We are of the *180opinion that such a surviving spouse is entitled to receive contribution.

This case is one of first impression in Ohio and we must look to other jurisdictions for authority.

We note first that it was pointed out in…