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MATTER OF GROSS

52 N.Y.2d 1006 (1981)

In the Matter of Emily Gross, as Trustee under the Last Will of Martin Escher, Deceased. New York State Department of Mental Hygiene et al., Appellants; Benedict Ginsberg, as Guardian ad Litem, et al., Respondents.

Court of Appeals of the State of New York.

Decided February 19, 1981.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Marie A. Beary, Shirley Adelson Siegel and Thomas P. Dorsey of counsel), for appellants.

John B. Fitzpatrick for Barbara E. Glass, respondent.

Benedict Ginsberg, pro se, and Philip A. Mittleman for Benedict Ginsberg, guardian ad litem, respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

It cannot be said that the trustee was required to invade the corpus of the trust to reimburse the Department of Mental Hygiene for costs incurred in caring for the life beneficiary. Both courts below found that testator's intent, as expressed in the codicil establishing the trust in its current form, was that the corpus be invaded only...

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