Maul v. Fitzgerald

— Appeal from a decree of the Surrogate’s Court of Warren County, entered December 17, 1979, which denied petitioner’s application to compel the trustees under the last will and testament of Edward J. Fitzgerald to invade a testamentary trust for the purpose of paying it to the State of New York in partial payment of care rendered to Robert H. Fitzgerald, the testator’s son and the life beneficiary of the trust. By will dated February 20, 1962, the testator, a physician and health officer of the City of Glens Falls, established a trust, with a corpus of $5,000 for the benefit of his mentally…