In re Hymes

*822OPINION OF THE COURT

Millard L. Midonick, S.

Petitioner, the mother and court-appointed guardian of a mentally retarded person, seeks to make a charitable donation of $50,000 out of the accumulated income of her ward’s property to the Fund for New Horizons for the Retarded, Inc. Although there have been a limited number of cases involving charitable gifts from the property of an incompetent, there are no similar cases for a mentally retarded person. Not only is this case novel in this respect, but the concept that the charity destined to receive the gift is one which allegedly will benefit the…