Estate of Fitzpatrick

Good Law
1 Coffey 117
Superior Court of California, County of San FranciscoMay 19, 1885No. 2,623California132 words

Lead Opinion

Coffey, J.

I am unable to find any authority anywhere exempting the surviving husband from liability for the funeral expenses of the deceased wife, where he has resources sufficient to respond; and the court is destitute of discretion in such case: Garvey v. McCue, 3 Redf. 315 .

Services Rendered by Physicians and Undertakers to a married woman should be paid by her husband, if he is able to pay them, rather than out of her estate: Estate of Weringer, 100 Cal. 345 , 34 Pac. 825 ; note in 98 Am. St. Rep. 647 ; Constantinides v. Walsh, 146 Mass. 281 , 4 Am. St. Rep. 311 , 15 N. E. 631 ; Callaway v. Estate of McPherson, 67 Mich. 546 , 11 Am. St. Rep. 596 , 35 N. W. 114 .