New York Court of Appeals

James Hutchison, as Trustee, Appellant, Impleaded With Another v. Ethel A. Ross, Respondents. (Actions Nos…

July 11, 1933262 N.Y. 381

Summary

The New York Court of Appeals affirmed the lower courts' judgments, holding that the inter‑vivos trust of securities situated in New York is valid under New York law despite Quebec law deeming it void, that the renunciation of the marriage settlement must be determined by Quebec law and is ineffective, and that the trust cannot be rescinded for lack of consideration. The dissent argued that the trust should be governed by Quebec law.