Opinion
June 27, 1949.
Present — Nolan, P.J., Carswell, Johnston, Adel and MacCrate, JJ. [See post, p. 1002.]
In an action to establish the beneficial ownership of real property and to require reconveyance of the legal title, it appears that the wife held legal title, and claimed that the husband, who had purchased the property and paid the carrying charges thereon, had given it to her as a gift; that after holding legal title for about two years the wife conveyed the property to the husband's brother in an effort to avoid possible seizure thereof by the Alien Property Custodian; and that thereafter the brother conveyed to the husband. Judgment entered in favor of plaintiff, after trial by the court, without a jury, unanimously affirmed, without costs. No opinion.