Willis v. Willis

The issue on this submission of controversy under Civil Practice Act, sections 546-548, is whether the settlors of a trust created as part of a separation agreement may revoke the trust pursuant to Personal Property Law, section 23.

In 1927, plaintiff Pierre L. Willis (hereinafter referred to as the “ Husband ”) and defendant Ruby C. Willis (hereinafter, the “ Wife ”), both at the time being residents of New Rochelle, New York, entered into a separation agreement providing inter alia for the Wife’s support during her life or until her remarriage, and as part of that agreement the parties…