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DOWNING ESTATE

458 Pa. 553 (1974)

Downing Estate.

Supreme Court of Pennsylvania.

December 5, 1974.

Attorney(s) appearing for the Case

John M. Duff, Deputy Attorney General, with him Donetta W. Ambrose, Assistant Attorney General, and Israel Packel, Attorney General, for appellant.

Christ. C. Walthour, Jr., with him Kunkle, Walthour and Garland, for appellee.

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

OPINION BY MR. JUSTICE ROBERTS, December 5, 1974:

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 appealed.1

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