In re the Estate of Leahy

Feely, S.

Testator, in creating a testamentary trust for the benefit of his daughter, Mary J. Payne, made manifest his knowledge that she was then incompetent by his statement in' the will that he intended the income of the trust should be expended for her care and benefit during her life, “ if she is unfitted to receive it and use it for her best interests ”. He died in 1926. This daughter has been a patient in the Eochester State Hospital since 1930.

*251Upon the petition of the hospital in 1944, the trustee filed his account, which shows the assets consist of an equity in a house and lot, and…