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55. Is the wife entitled to ownership of the apartment building?
Two months ago, the father died survived by his wife and his son. The father's duly probated will, executed five years earlier, devised the apartment building to his wife.
Five months ago, the son sold the building to an investor, who promptly recorded her deed. The investor was unaware of the circumstances surrounding the conveyance of the building from the father to the son.
A son managed an apartment building that his elderly father owned. Ten months ago, the son asked the father to sign some tax documents related to the apartment building and slipped in among the documents a deed that conveyed the building to the son. The father did not read the documents before signing them because he trusted his son. After the father signed the deed, the son promptly recorded it.
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A is incorrect. A forged signature is only one example of a condition that makes a deed void. Fraud in the execution of a deed—which the son committed when he tricked his father into conveying the apartment building to him—is the equivalent of a forged deed.
B is incorrect. Fraud in the execution of a deed is treated like a forged deed, and a bona fide purchaser is not protected. Both the grantor (the father) and the bona fide purchaser (the investor) are innocent; however, the father is favored as he is entirely blameless.
C is incorrect. The father's executed will gave no rights, at the time of the will's execution, to any beneficiaries named in the will. Whether the wife owns the apartment building depends on whether the father owned the building when he died, which he did since the son committed fraud that made the deed conveying the building to the son void.