MATTER OF DOWNING


77 A.D.2d 682 (1980)

In the Matter of The Estate of Emma W. Downing, Deceased. Saul Balmuth, as Trustee, Appellant; Earl D. Steenburg, as Guardian ad Litem for Selma Hayan and Another, Respondent

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

July 3, 1980


In this intermediate accounting of the trustee under the last will and testament of Emma W. Downing, the primary issue is whether Robert Frank Bahr is a "patient at any public hospital or institution" within the meaning of the will. The will provides that upon the death of the testatrix' husband, the net income payable to him from a trust and so much of the principal therein as is necessary to constitute a $50 per month payment should...

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