Matter of Granwell

Matter of Granwell, (20 N.Y.2d 91 [1967]) involved rights provided in the separation agreement, but for decedent's child of the first marriage. The separation agreement provided that the child must receive one half of the ex-spouse's estate at death. Decedent established a revocable inter vivos trust for his second wife and also established joint accounts with the second wife. The Court held that the trust and one half of the joint property belonged to decedent at the time of his death and the child's right to one half of the estate should be paid out of those assets pursuant to the separation agreement.