Hillyer v. Hillyer

This is an appeal from an order determining the rights to certain funds held in a savings-account trust. The trial court held that the surviving co-trustee of a “Co-Trustee Discretionary Revocable Trust” (defendant Marjorie Hillyer) was entitled to withdraw the funds held in the account, thereby extinguishing the trust. The plaintiffs, Stephen Hillyer, Patricia Hillyer, Arlene Hillyer and Carol Kulack, beneficiaries of the account, have appealed.

The savings and loan trust account in question was opened at Reserve Savings and Loan Association (Reserve) on October 16, 1981, approximately SVz…