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DEPARTMENT OF PUBLIC WELFARE v. ANDERSON

377 Mass. 23 (1979)

384 N.E.2d 628

DEPARTMENT OF PUBLIC WELFARE vs. HENRY A. ANDERSON, executor (and a companion case between the same parties).

Supreme Judicial Court of Massachusetts, Essex and Suffolk.

January 4, 1979.

Attorney(s) appearing for the Case

Jeffrey S. Ogilvie, Special Assistant Attorney General, for the Department of Public Welfare.

John S. Legasey for Henry A. Anderson, executor.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, KAPLAN, & LIACOS, JJ.

LIACOS, J.

The Department of Public Welfare (department) seeks to recover from the estate of Aini Anderson, under G.L.c. 118E, § 16, the cost of medical assistance provided her during the last five and one-half years of her life. For this purpose the department presented a claim to the executor of the estate and also commenced an action at law now before the Superior Court. The executor declined to pay the claim. The...

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