Matter of Ryan

In Matter of Ryan (44 Misc 2d 477), the court held that a mortgage obligation on property held as a tenancy by the entirety is not an obligation of the decedent's estate. The court wrote, "it would seem that equity and good sense would require that anyone receiving the entire title to the property, whether by descent, devise or as a surviving tenant by the entirety, should take the property in the condition in which it exists at the date of the death of the person who makes their title complete" (supra, at 478). The facts in Ryan are distinguishable from the instant facts but the reasoning is as relevant as it is sound and equitable.