In re the Estate of Tuttle

John D. Bennett, S.

In this accounting proceeding the Board of Public Welfare of Nassau County claims to be a creditor of this estate by virtue of its payment of the expenses incurred in the court-ordered commitment of the decedent’s daughter, who was adjudicated a neglected child.

The executor of the mother’s estate, citing Matter of Brodine (10 A D 2d 414), contends that maintenance at the place of commitment of the decedent’s daughter, being an involuntary incarceration in nature by virtue of a court order, is not public assistance or care as such.

The claimant, in an attempt to distinguish…