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SCHMIDT v. GODDIN

Record No. 811750.

297 S.E.2d 701 (1982)

William C. SCHMIDT, Jr., etc. v. C. Hobson GODDIN, Committee, etc., et al.

Supreme Court of Virginia.

December 3, 1982.

Attorney(s) appearing for the Case

Edward G. Modell, Washington, D.C. (Blum & Nash, Washington, D.C., on brief), for appellant.

Patricia M. Schwartzschild, Richmond (T.S. Ellis, III, James W. Tredway, III, Hunton & Williams, Christian, Barton, Epps, Brent & Chappell, C. Hobson Goddin, Richmond, Committee for William C. Schmidt, Jr., on briefs), for appellees.

David O. Stewart, Washington, D.C. (Leonard S. Rubenstein, Miller, Cassidy, Lorroca & Lewi, Washington, D.C., on brief), amicus curiae Mental Health Association, etc., et al.

Before CARRICO, C.J., and COCHRAN, POFF, COMPTON, THOMPSON, STEPHENSON and RUSSELL, JJ.

THOMPSON, Justice.

In 1953, William Charles Schmidt, Jr. (Schmidt), then age 43, was found to be mentally ill and committed to Westbrook Sanitorium in Richmond.1 He has remained there ever since.

On March 6, 1981, Christina Schmidt and William Charles Schmidt, III, Schmidt's children, filed a petition pursuant to Code § 37.1-134.1 asking the court to declare their father restored to mental competency. In their petition, they...

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