McEachern v. Budnick

The plaintiff trustee appeals from a summary judgment of the Superior Court, ordering her to convey certain property to the defendant. At issue is the conclusion of a judge of the Housing Court, sitting by designation,2 that the execution of an amendment to a trust instrument by an individual who is both trustee and settlor of a trust automatically constitutes *512delivery of the instrument of amendment, without regard to evidence proffered to demonstrate that the individual signing the amendment did not intend to complete delivery, or cause the instrument of amendment to become effective, until…