Wells Fargo Bank American Trust Co. v. Department of Mental Hygiene

The First Church of Christ, Scientist, in Boston, Massachusetts, beneficiary under the will of Jennie W. Johnson, deceased, and Wells Fargo Bank American Trust Company, trustee of the estate of said deceased, separately appeal from “Order Approving Report of Referee and Instructing Trustee,” ordering payment to respondent Department of Mental Hygiene of the State of California of certain sums for the care of Molly Watkins, a beneficiary of said trust.

Question Presented.

Is the interest of a beneficiary in a discretionary trust created for her care by a relative who would not be liable for the beneficiary’s care under section 6650, Welfare and Institutions Code, such that said trust is liable for the beneficiary’s support in a state mental hospital?

Record.

Molly Watkins is the sister of Jennie W. Johnson, deceased, who died August 20, 1958. Since 1933 Molly has been a patient at Stockton State Hospital. In January, 1946, Jennie *505 advised the medical superintendent of the hospital, “I feel that I can afford to pay $10.00 per month for the care of my sister ..." An account was established by a document entitled “Account Adjustment and Eate Proposal" for $10 per month…