In Lee v. Wiegand (28 AD2d 560 [2d Dept 1967]), the Appellate Division, Second Department, affirmed a ruling by the Supreme Court dismissing a complaint for failure to state a cause of action. The plaintiffs alleged that they were assignees of the widow and two children of the deceased. They brought suit against defendant, a third child of the deceased, who purported to convey the fee to a third party. In affirming, the Court held that plaintiffs' had no cause of action against defendant because of the conveyance. "Although defendant, who was a tenant in common of the property, having a 1/4 interest therein, purported to convey title in fee by means of said conveyance, the deed actually conveyed only his 1/4 interest and did not divest plaintiffs' assignors of their rights in the property thereto" (id at 561.)