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NASON ET AL. v. COM. of PA. ET AL.

No. 2378 C.D. 1983.

103 Pa.Commw. 430 (1987)

520 A.2d 1223

Jane Nason, individually and as beneficiary of the Trust under the Will of Bertha A. Hudson; Harry Nason, as Trustee of the Trust under the Will of Bertha A. Hudson; and Ralph W. Brenner, as Trustee of the Trust under the will of Bertha A. Hudson, Petitioners v. Commonwealth of Pennsylvania; Al Benedict, Auditor General of the Commonwealth of Pennsylvania et al., Respondents.

Commonwealth Court of Pennsylvania.

February 3, 1987.

Attorney(s) appearing for the Case

Elizabeth A. Read, with her, Carol A. Mager, Montgomery, McCracken, Walker & Rhoads, for petitioners.

Clarence A. Dickerson, Solicitor for Mental Health and Mental Retardation Board of Chester County.

Kathleen F. McGrath, Deputy Attorney General, with her, Allen C. Warshaw, Director, Executive Deputy Attorney General, and LeRoy S. Zimmerman, Attorney General, for respondents.

Argued November 20, 1986, before Judges CRAIG, DOYLE and COLINS, sitting as a panel of three.

OPINION BY JUDGE DOYLE, February 3, 1987:

Jane Nason, a mentally retarded individual, and two trustees of a testamentary trust (Trust) under which she is a beneficiary (Petitioners)1 have filed a mandamus action in our original jurisdiction against the Commonwealth of Pennsylvania, Department of Public Welfare and certain state officials (Commonwealth Respondents),

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