Bureau of Support in the Department of Mental Hygiene & Correction v. Kreitzer

The state of Ohio, through the Bureau of Support in the Department of Mental Hygiene and Correction, brought this action to compel the cotrustees under a testamentary trust to reimburse it for care and support furnished by it to the trust beneficiary, Naomi M. Swallow, an adult, mentally incompetent patient in the Dayton State Hospital. The portion of the will involved reads as follows:

“. . . [I]n the event a share is established upon my death for the benefit of my daughter,.Naomi M. Swallow, the trustee shall distribute, in its sole and absolute discretion, so much of the income and the…