Department of Mental Hygiene v. Bank of America

Opinion

TAYLOR, J.

The Department of Mental Hygiene (hereafter department) appeals from an adverse judgment in this action against the Bank of America (hereináfter bank) as executor of the estate of Herbert J. Kramer, to recover a sum of money due for the care, support and maintenance of his adult daughter, Elizabeth, a mentally ill person, in certain state institutions. The only question on appeal is whether the trial court prop erly concluded that under Department of Mental Hygiene v. Kirchner, 60 Cal.2d 716 [36 Cal.Rptr. 488, 388 P.2d 720], as clarified 62 Cal.2d 586 [43 Cal.Rptr. 329, 400…