In re the Estate of Finkenberg

S. Samuel Di Falco, S.

Supplementing my prior decision (N. Y. L. J., April 11, 1958, p. 6, col. 4) a question heretofore submitted but not passed upon by the court will be determined herein.

It appears that the testator’s former wife, an incompetent, has been since 1946 and still is a patient at Creedmoor State Hospital. Under a decree of annulment against her procured by the testator pursuant to subdivision 5 of section 7 of the Domestic Relations Law, the testator became obligated to pay to the Department of Mental Hygiene of the State of New York certain monthly sums for her maintenance and…