In Thompson v. Simpson (128 NY 270 [1891]), title to real estate in New York City vested in Mary Evelina Thompson upon the death of her mother and, upon her death, in her their five children, subject to a life estate of her husband, Ambrose Thompson. After Mary Evelina Thompson died, her husband married Mary Ewing. Taking advantage of the coincidence that his second wife had the same first name and initial as his first, he and his second wife executed a deed transferring the property to the Glovers. The children sued to recover possession of the property. On a motion for a directed verdict, the trial court held that the children had accepted a substitute piece of real property in lieu of their mother's. On appeal, the Court of Appeals affirmed on the ground that the evidence was insufficient to overturn the ruling. Nonetheless, the Court of Appeals held that the deed was valid to pass the father's life estate to the Glovers (id. at 284). The Glovers acquired under the deed from Ambrose W. Thompson and his second wife only the life estate of Ambrose W. Thompson in the lot in question, and that the title in fee of his children, subject only to the life estate of the father, was unaffected by the fraud committed on his grantees. No conveyance made by the father could impair their title. (id. at 277-278). "The title and estate which passes under a grant or conveyance, is commensurate only with that existing in the grantor, although he may undertake to convey, and the deed purports to convey a larger estate. His conveyance cannot affect interests in remainder and divest no estate except his own." (id. at 285, citing the predecessor of RPL 245).