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WATKINS ESTATE (12/05/74)

SUPREME COURT OF PENNSYLVANIA


decided: December 5, 1974.

WATKINS ESTATE

Appeal from decree of Court of Common Pleas, Orphans' Court Division, of Washington County, No. 331 of 1957, in re estate of Donald K. Watkins, an incompetent.

COUNSEL

John M. Duff, Deputy Attorney General, with him Janet Moschetta, Assistant Attorney General, and Israel Packel, Attorney General, for appellant.

Jerome Hahn, for appellee.

Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Dissenting Opinion by Mr. Justice Eagen. Mr. Justice Pomeroy and Mr. Justice Manderino join in this dissenting opinion.

Author: Per Curiam

[ 458 Pa. Page 662]

In this action, the Commonwealth seeks to recover from an incompetent's estate the cost of the incompetent's maintenance since his commitment in 1953 to Farview State Hospital. The Orphans' Court of Washington County denied the claim. We affirm on the basis

[ 458 Pa. Page 663]

    of our decision in Downing Estate, 458 Pa. 553, 330 A.2d 530 (1974).*fn*

Decree affirmed. Costs on the Commonwealth.

Disposition

Decree affirmed.

Dissenting Opinion by Mr. Justice Eagen:

I dissent for the reasons stated in my dissenting opinion in Downing Estate, 458 Pa. 553, 330 A.2d 530 (1974).


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