In re the Accounting of Makowski

John D. Bennett, S.

The State of New York objected to the disallowance of its claim against the estate for the care, maintenance and treatment of the incompetent daughter of the decedent. After hearing, this court held (Matter of Makowski, 8 Misc 2d 277) that the representative had properly disallowed the claim since, on the admitted facts, the incompetent daughter had an estate sufficient to satisfy the claim and that the State was required to satisfy its claim from the incompetent’s funds before proceeding against the father or his estate. On rehearing, the claimant now urges that the estate…