In re the Estate of Unseld

John D. Bennett. S.

In this proceeding under section 211-b of the Surrogate’s Court Act, the validity of the claim of the Department of Mental Hygiene is in issue.

The testatrix died on December 16, 1963 leaving a daughter, Louise, a patient in the Kings Park State Hospital. The date this daughter entered the hospital is unknown but on March 6, 1952, a special agent of the Department of Mental Hygiene wrote the testatrix to the effect that although the actual cost of hospitalization for her daughter was $85 per month, they were willing to accept $12 per month toward this cost, but reserved the…