State Department of Public Welfare v. O'Brien

The Tennessee Department of Public Welfare paid Mrs. Mary Eatherly a substantial sum of money under the authority of the “Old-Age Assistance Law”, Section 14-201 et seq., T.C.A. In force at the time, and so continuing until after her death, was a provision, since repealed, to the effect that the amount so furnished “shall be allowed as a claim against the estate of” the recipient after allowance of expenses of administration and on the funeral up to a certain amount. Section 4765.29, 1950 Code Supplement.

The State filed with the County Court Clerk this claim against the estate of Mrs.…