Cemini Estate

Taxis, P. J.,

Commonwealth of Pennsylvania has submitted a claim against the estate for maintenance of Frank Cemini, son of decedent, at the Norristown State Hospital in the amount of $481.50, due up to date of death of decedent on November 5, 1958. There is no dispute that this son was maintained by the Commonwealth in the institution named, and the amount itself is admittedly correct.

The son objects to the claim being allowed out of the estate because, he asserts, he is primarily liable and financially able to pay, whereas the estate is only secondarily liable. His own testimony, however, is…