In re the Estate of Rueff

John D. Bennett, S.

This is a proceeding under section 24 of the Mental Hygiene Law to direct the trustee of a testamentary trust to invade the corpus of the trust to the extent neces*212sary to pay present and future hospital bills of Pilgrim State Hospital, incurred by the incompetent beneficiary. Section 24 of the Mental Hygiene Law provides: “ 2. The committee, guardian, or trustee of a trust fund established for the support of a patient shall be jointly and severally liable and responsible for payments for care, treatment and maintenance * * *. 3. If payment to the state for such care,…