Thomas v. Louis

Plaintiff’s wife, Marguerite Thomas, the owner of a parcel of residential property in the city of Albany, executed a warranty deed of the premises to her sister, the defendant, on July 21,1939. The deed was the ordinary form of warranty deed, containing no reservations or exceptions, and recited that it was “ without monetary consideration,” and was subject to a mortgage of $2,000. The deed was delivered to the defendant on that day and she promptly placed it in her bank safe-deposit box, where it remained until some six hours after the death of the grantor on December 7,1951, when defendant…