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MATTER OF DAUBNEY

153 Misc.2d 120 (1992)

In the Matter of The Estate of Frances Daubney, Deceased.

Surrogate's Court, Nassau County.

January 27, 1992

Attorney(s) appearing for the Case

Robert Huber Lerner & Bigler for Edna Ross, trustee. Eugene A. Cordaro, guardian ad litem. Robert Abrams, Attorney-General, for New York State Office of Mental Retardation and Development Disabilities.

C. RAYMOND RADIGAN, J.

Is the income from a testamentary trust which the trustee is directed to expend for clothing, comforts and luxuries of the beneficiary, Paul Kemp, a resource available to pay the claim of New York State for the care and treatment furnished to the beneficiary in a State-operated intermediate care facility? That question poses the central issue in this proceeding. The secondary issue is...

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