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COM. BANK AND TRUST CO. v. DPW

128 Pa.Commw. 528 (1989)

563 A.2d 1299

COMMONWEALTH BANK AND TRUST COMPANY, N.A., a banking corporation doing business in Williamsport, Lycoming County, Pennsylvania and Paul W. Reeder, an individual, Petitioners, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, Respondent.

Commonwealth Court of Pennsylvania.

Decided September 13, 1989.

Petition for Allowance of Appeal Granted January 3, 1990.

Attorney(s) appearing for the Case

Paul W. Reeder, McCormick, Reeder, Nichols, Sarno, Bahl & Knecht, Williamsport, for petitioners.

Edward P. Carey, Pittsburgh, for respondent.

Before CRAIG, DOYLE and PALLADINO, JJ.

PALLADINO, Judge.

Commonwealth Bank and Trust Company and Paul W. Reeder, (Petitioners) co-trustees under the will of Robert H. Thorne, appeal from an order of the Department of Public Welfare (DPW) affirming a decision of the Lycoming County Assistance Office (CAO) denying medical assistance benefits for Joan S. Frymire. For the reasons set forth below, we affirm.

The sole issue presented in this appeal is whether the principal of a testamentary trust is...

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