Matter of Oglesby

Summary

The New York Appellate Division, Second Department, affirmed an order granting summary judgment vacating a deed that purportedly conveyed decedent-owned property to SHC Equities, LLC. The court held that the deed was void ab initio because the grantor falsely represented that he was the decedent's sole heir, despite the probate proceeding not having established that status and letters testamentary not yet having been issued.

Holdings

1. A misrepresentation in a deed that the seller is the sole heir of the title holder renders the conveyance void ab initio. Because Boyd was not the decedent's sole heir when he executed the deed, the deed to SHC was void from its inception.
2. SHC failed to raise a triable issue of fact concerning the deed's validity.

Questions Presented

1. Whether a deed conveying estate real property is void ab initio when the grantor falsely represents that he is the decedent's sole heir.
2. Whether SHC raised a triable issue of fact by arguing that Boyd's status as sole residuary beneficiary validated the transfer despite the false sole-heir representation and the pending probate proceeding.
3. Whether summary judgment vacating the deed and directing turnover of possession was proper.

Disposition

affirmed