State v. Hawes

Submission of a controversy upon an agreed statement of facts pursuant to CPLR 3222.

The controversy submitted for decision is whether on the stipulated facts, pursuant to EPTL 7-3.1 and Mental Hygiene Law article 43, plaintiff is entitled to a judgment declaring the inter vivos trust at issue as being void against plaintiff, a money judgment against defendants, as the cotrustees of the trust, to the extent of the value of the trust less a $1,500 burial allowance, and whether defendants must liquidate the entire trust and pay the proceeds, less $1,500 to plaintiff.

The stipulated facts are as…