In re the Estate of Modafferi

Wingate, S.

On the language of sections 125 and 128 of the Public Welfare Law there can be no question respecting the liability of this estate for the relief granted to the son and grandsons of the decedent. His current earnings are wholly immaterial in this connection. The statute declares his responsibility “ if of sufficient ability.” The only reasonable interpretation of the quoted phrase is that such liability exists, if the cash and property available to him is adequate to permit payment. Any other construction would permit a millionaire who chose to allow his funds to lie idle and who…