In re Strohm
New York Supreme Court
Application on report of referee to take testimony and to report with his opinion for an order denying application of Buffalo State Hospital for an order directing the committee of the incompetent person to pay said hospital the sum of $1,095.50, due and owing for the support and maintenance of the incompetent for the past six years.
1Opinion of the CourtPotrero, J.
The only property of the incompetent person, who has been an inmate of the Buffalo State Hospital since August 26, 1891, consists of the sum of $1,238.09, pension money, paid into the hands of her committee subsequent to October 21, 1902. Section 1393 of the Code of Civil Procedure provides that pension moneys are exempt from seizure in any legal proceeding. The claim for the support and maintenance of the incompetent person is a liability of said' incompetent’s estate to the State of Hew York. But the State allows to pensioners the use of all pension moneys free from any claim for debt. The…
2Cases cited2 opinions
- Toole v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1897
- Claim of The St. Lawrence State Hospital v. Fowler, New York Court of Sessions, Lewis County1895
3Cited by3 opinions
- In re the Estate of McCormickNew York Surrogate's Court · 1938
- In re DuganNew York Surrogate's Court · 1961
- In re WeinbergNew York Surrogate's Court · 1952