54 A.D.2d 999 | N.Y. App. Div. | 1976
— Appeal from a judgment of the Supreme Court, entered November 24, 1975 in Ulster County, which approved the final accounting of S. James Matthews as committee of Daisy E. Sturm, and ordered Joan Longendyke, as administratrix of the estate of Daisy E. Sturm to pay S. James Matthews compensation and commissions and to pay the claims of the Department of Mental Hygiene for services rendered to the incompetent Daisy E. Sturm, all out of moneys in the hands of Joan Longendyke, as administratrix of the estate of Daisy E. Sturm. Otto Sturm died testate on July 25, 1970, survived by his wife, Daisy E. Sturm, an adjudicated incompetent, and Joan Longendyke, a daughter, as his only heirs at law. Otto Sturm’s last will and testament left everything to his daughter, Joan Longendyke, appellant herein, who was also named executrix, and left nothing to his wife, Daisy Sturm. John B. Wilkie, Esq., as special guardian for Daisy E. Sturm, made no objection to the probate of Otto Sturm’s will. On October 14, 1970 appellant was granted letters testamentary as executrix of Otto Sturm’s estate, and on March 19, 1971 the assets of the estate of Otto Sturm were turned over to appellant as sole legatee of her father’s will. On August 4, 1972, the respondent, S. James Matthews, was appointed committee of the incompetent Daisy E. Sturm, who was at that time a resident of Hudson River State Hospital in Poughkeepsie, New York. Respondent was authorized by Supreme Court to exercise his ward’s right of election against Otto Sturm’s estate (EPTL 5-1.1, subd [d], par [3], cl [B]). At that time and at all pertinent times thereafter, Daisy E. Sturm owned no other assets. On May 9, 1973 respondent filed and served upon appellant a notice of election pursuant to EPTL 5-1.1. On August 10, 1973 Daisy E. Sturm died a resident of the Hudson River State Hospital, without she or her committee ever having received her one-third elective share of the estate of Otto Sturm. On October 10, 1973 appellant was appointed administratrix of her mother’s (Daisy E. Sturm’s) estate. Subsequently, respondent as committee received a bill from the Department of Mental Hygiene, dated October 11, 1973, in the amount of $18,192.24 for services rendered to the incompetent up to and including the day of her death. On March 26, 1974 S. James Matthews, as committee of Daisy E. Sturm petitioned the Ulster County Surrogate’s Court for an order to compel a final accounting of Joan Longendyke, executrix of the estate of Otto Sturm. Matthews’ purpose was to obtain for the committee Daisy E. Sturm’s elective share of Otto Sturm’s estate, which she had elected to take prior to her death but had never received. On April 12, 1974 the Surrogate