Department of Welfare v. Fox

CAMMACK, Chief Justice.

This appeal raises the question of the constitutionality of KRS 203.110(2).

John W. C. Fox, administrator of the estate of George Spatz, filed a final settlement in the Jefferson Circuit Court. The heirs of Spatz and the Department of Welfare were named as defendants. The pleadings disclose these facts: Spatz was committed to the General State Hospital as a person of unsound mind in 1924. He remained in the custody of the Department of Welfare until his death in 1949. Fox qualified as Spatz’ committee in 1946, at which time Spatz had no separate estate. Spatz inherited…