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IN RE ESTATE OF DOWNING

459 Pa. 537 (1974)

330 A.2d 530

In re ESTATE of Alfred DOWNING, an Incompetent. Appeal of COMMONWEALTH OF PENNSYLVANIA.

Supreme Court of Pennsylvania.

Decided December 5, 1974.

Rehearing Denied January 7, 1975.

Attorney(s) appearing for the Case

Israel Packel, Atty. Gen., Donetta W. Ambrose, Asst. Atty. Gen., John M. Duff, Pittsburgh, for appellant.

Christ C. Walthour, Jr., Kunkle, Walthour & Garland, Greensburg, for appellee.

Before JONES, C.J., and EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION OF THE COURT

ROBERTS, Justice.

For more than 20 years, the Commonwealth has, pursuant to a 1954 court order, defrayed the costs of care of Alfred Downing, an incompetent committed to Farview State Hospital. The Commonwealth seeks to recover from the incompetent's estate the cost of his maintenance since his commitment. The orphans' court of Westmoreland County denied the Commonwealth's claim. The Commonwealth...

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