FACTS: The decedent left his property to his wife on the condition that in the event of her death, the property was to go to the brother. The wife executed a deed of the property to the brother and placed it in escrow with the brother's attorney. Thereafter, the wife deeded the property to the nephews, and the deed was recorded. Upon the death of the wife, the deed in the possession of the attorney was recorded, and the brother instituted this action to annul the deed of the nephews. The trial court returned a judgment in favor of the brother, and the nephews challenged the decision. The appellate division affirmed the judgment, and the nephews sought additional review.
The court noted that the applicable statute, N.Y. Real Property Law § 291, the nephews were required to provide evidence that they were purchasers in good faith and for valuable consideration.
The recital contained in their deed regarding consideration was not enough to have put them into the position of purchasers for valuable consideration in the sense of § 291. Therefore, the nephews failed to discharge their burden, and their deed was properly annulled.
CONCLUSION: The judgments of the trial court and the appellate division were affirmed.
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