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COMMONWEALTH v. SHEPARD

188 S.E.2d 99 (1972)

212 Va. 843

COMMONWEALTH of Virginia, DEPARTMENT OF MENTAL HYGIENE AND HOSPITALS v. Francis Key SHEPARD and E. A. Prichard, Esquire, Committee for Jean Key Shepard.

Supreme Court of Virginia.

April 24, 1972.

Attorney(s) appearing for the Case

John W. Crews, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for appellant.

R. Terrence Ney, Fairfax (Boothe, Prichard & Dudley, Fairfax, on brief), for appellees.

Before SNEAD, C. J., and I'ANSON, CARRICO, GORDON, HARRISON, COCHRAN, and HARMAN, JJ.

COCHRAN, Justice.

The question presented by this appeal is whether the estate of an incompetent mother is liable for the care and maintenance of her adult incompetent son in a state mental hospital.

The facts are not in dispute. Mrs. Jean Key Shepard, a widow, has been mentally incompetent since 1939. She was approximately 80 years of age at the time this proceeding was instituted. Her son, Francis Key Shepard,...

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