Legal Opinion
Lackmann v. Department of Mental Hygiene
California Court of Appeal
Decided January 14, 1958No. Civ. 17767PublishedCited by 25 opinions
1Opinion of the CourtBray, J.
Appeal from order of the probate court ordering trustee to pay to the Department of Mental Hygiene of the State of California certain sums for past and future support of George H. Lackmann.
Questions Presented
1. Can the court order payment from a testamentary spendthrift trust estate for care of the beneficiary at a state mental institution over the objection of a trustee given “complete and absolute discretion?”
2. Was the court’s power limited to requiring an expenditure of not more than one-third of the net income ?
Facts
Minna C. Lackmann died testate June 11, 1944, leaving three adult…
2Cases cited19 opinions
- Boles's EstateSupreme Court of Pennsylvania · 1934
- Title Insurance & Trust Co. v. DuffillCalifornia Supreme Court · 1923
- Seymour v. McAvoyCalifornia Supreme Court · 1898
- Bright v. Bank of America National Trust & Savings Ass'nCalifornia Supreme Court · 1947
- Estate of Van DeusenCalifornia Supreme Court · 1947
14 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Budd v. CommissionerUnited States Tax Court · 1968
- Coberly v. Superior CourtCalifornia Court of Appeal · 1965
- Estate of MillerCalifornia Court of Appeal · 1964
- Bureau of Support in the Department of Mental Hygiene & Correction v. KreitzerOhio Supreme Court · 1968
- First National Bank v. Department of Health & Mental HygieneCourt of Appeals of Maryland · 1979
20 more not listed; retrieve them via the Exa API.