The statute (Real Property Law, § 94) provides that where a person other than the grantee has paid the consideration for a grant of real property "the title vests in the grantee, and no use or trust results from the payment to the person paying the consideration" with exceptions not here material. But in circumstances in which "a confidential relationship would be abused if there were repudiation" the statute does not obstruct the recognition of a constructive trust. This exception "has wrought itself by construction into the body of the statute as if written there from the beginning." ( Foreman v. Foreman, 251 N.Y. 237, 240, CARDOZO, Ch. J.) Here the plaintiff furnished one half of the consideration for the purchase of a parcel of property by her son. Her son is now deceased and the defendants are his wife and daughter. Plaintiff wants a trust imposed upon the land of a one-half interest therein in her favor. There is adequate proof, not only that plaintiff furnished half the consideration for the purchase of the land by her son, but that it was the understanding between them that she should have a one-half interest in it. This is the kind of intra-family transaction in which a confidential relationship would be abused if the understanding between the family members could be repudiated; and it results in a constructive trust not prohibited by the statute. Judgment unanimously affirmed, without costs.