Legal Opinion
In re the Estate of Daubney
New York Surrogate's Court
Decided January 27, 1992PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
C. Raymond Radigan, J.
Is the income from a testamentary trust which the trustee is directed to expend for clothing, comforts and luxuries of the beneficiary, Paul Kemp, a resource available to pay the claim of New York State for the care and treatment furnished to the beneficiary in a State-operated intermediate care facility? That question poses the central issue in this proceeding. The secondary issue is whether the court has jurisdiction.
Paul Kemp is a patient residing in a facility operated by the Long Island Developmental Center which is a component of the New York…
2Cases cited9 opinions
- In re CarmerNew York Court of Appeals · 1988
- In re the Estate of EscherNew York Surrogate's Court · 1978
- In re GrossNew York Court of Appeals · 1981
- Hoelzer v. BlumAppellate Division of the Supreme Court of the State of New York · 1983
- Maul v. FitzgeraldAppellate Division of the Supreme Court of the State of New York · 1980
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re the Estate of BrossNew York Surrogate's Court · 1995
- Trust Co. of Okl. v. State Ex Rel. DdhsSupreme Court of Oklahoma · 1995