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IN RE ESTATE OF RANDALL

No. 21990.

441 P.2d 153 (1968)

In the Matter of the ESTATE of Edna O. RANDALL, Deceased. Earl L. DRAKE, as Executor of the Estate of Edna O. Randall, Deceased, Plaintiff in Error, v. COLORADO STATE HOSPITAL, Defendant in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 17, 1968.

Attorney(s) appearing for the Case

Southard & Southard, Greeley, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Richard D. Robb, Asst. Atty. Gen., Denver, for defendant in error.

DAY, Justice.

Two questions of public importance are presented by this writ of error:

I.

Does the nonclaim statute of Colorado, C.R.S. 1963, 153-12-12(1), bar a claim of the state of Colorado not filed within the time period prescribed?

II.

Must the state of Colorado comply with the procedure set forth in C.R.S. 1963, 71-1-15, before liability for the care of an indigent mental incompetent may be asserted against one of the relatives...

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