[31 A.D.2d 531 Page 531] We do not think the evidence supports the trial court's conclusion that the trust was created in conformity with the father's
duty to support. The trust agreement, by the last preamble and the first two numbered paragraphs, is express to the effect
that it was the mother who wished to provide funds for the child and that the funds provided were derived from her share of
the community property. At the trial she testified that it was she who had established the trust fund, and with money solely
her own. The father chose not to testify. As mother and child are domiciled in New York, and the father, though a Quebec domiciliary,
appeared after being served with process while present in this State, his duty of support is to be determined by our law (Restatement,
Conflict of Laws, § 457; cf. Laumeier v. Laumeier, 237 N. Y. 357), under which, "Regardless of the mother's financial [31
A.D.2d 531 Page 532]
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