Lackmann v. Department of Mental Hygiene

Appeal from order of the probate court ordering trustee to pay to the Department of Mental Hygiene of the State of California certain sums for past and future support of George H. Lackmann.

Questions Presented

1. Can the court order payment from a testamentary spendthrift trust estate for care of the beneficiary at a state mental institution over the objection of a trustee given “complete and absolute discretion?”

2. Was the court’s power limited to requiring an expenditure of not more than one-third of the net income ?

Facts

Minna C. Lackmann died testate June 11, 1944, leaving three adult children, Helen Roberts, Zeal Murphy and George Lackmann. George had been committed to the Mendocino State Hospital on February 19, 1943, and ever since has been and still is a patient there. October 22, 1951, testatrix’ entire estate was distributed to the trustee in accordance with the terms of the will. The first demand of the department for payment of George’s care was made June 20, 1956, when the department set charges to date thereof at $5,220 and requested payment for future care at the “maximum amount possible within the ability of the trust estate to pay ...” The trustee then…