Legal Opinion
In re the Estate of Rath
New York Surrogate's Court
Decided October 16, 1968PublishedCited by 1 opinion
1Opinion of the CourtJohn D. Bennett, J.
The Acting Director of the Pilgrim State Hospital petitions the court for a compulsory accounting of Raymond Rath as trustee of the estate of Theresa S. Rath. Charles Rath, son of the testatrix, is a patient at the Pilgrim State Hospital and the hospital is attempting to recover from a trust created by the testatrix for his benefit the cost of care given to him subsequent to the death of the testatrix.
The trustee contends that the petitioner is not the proper party to commence such a proceeding because the claim “ is the property of the State of New York, through the Department of Mental…
2Cases cited5 opinions
- Rezzemini v. . BrooksNew York Court of Appeals · 1923
- In re the Testamentary Trust Created by the Will of SheaAppellate Division of the Supreme Court of the State of New York · 1931
- In re the Compulsory Accounting of EisenbergAppellate Division of the Supreme Court of the State of New York · 1952
- In re the Construction of the Will of DownsNew York Surrogate's Court · 1958
- In re the Accounting of SchwartzNew York Surrogate's Court · 1960
3Cited by1 opinion
- In re GrossAppellate Division of the Supreme Court of the State of New York · 1980