MATTER OF DAMON


71 A.D.2d 916 (1979)

In the Matter of The Estate of Arthur C. Damon, Deceased. Irene M. Mathewetz, Appellant; Lawrence J. Kolb, as Commissioner of Mental Hygiene of The State of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 20, 1979


Order reversed, on the law, without costs or disbursements, the application to invade the principal is denied and the matter is remitted to the Surrogate's Court for further proceedings as to the accounting not inconsistent herewith.

Under the terms of a will admitted to probate in 1954, a $15,000 trust was created for the benefit of the testator's incompetent daughter. The will provided that the income of the trust was to be applied "for the benefit and well-being...

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