In Beshara v. Beshara , Antoinette and George Beshara were battling over their respective interests in their deceased mother's property.
Before she died, Marie divided ownership of the disputed parcel between herself and George as "joint tenants." A few months later, Marie relinquished her remaining interest to Antoinette.
When Marie died, Antoinette asked the Kings County Supreme Court to recognize that she was the owner of an "undivided one-half interest in the real property." But since the validity of her deed was contested, her request was denied.
On appeal, the Appellate Division, Second Department, found that the mother's signature on the "duly notarized deed" couldn't be challenged without "proof [of an irregularity] so clear and convincing so as to amount to a moral certainty." Since that high burden wasn't met in this case, the AD2 concluded that Antoinette's request should have been granted.
Survey says?
To download a copy of the Appellate Division's decision, please use this link: Beshara v. Beshara