In re Estate of Finch

Halsted & Company, undertakers, at the request of Mark Parish, who engaged them so to do, buried deceased, paying all the funeral expenses; subsequently Mark Parish was appointed the administrator of the estate of Philetus Finch, deceased, and duly qualified and entered upon the discharge of his duties as such administrator; at the *295 request of said administrator Halsted & Company made out their claim for said funeral expenses against the decedent’s estate and delivered the same to said Parish, who forwarded the same to Michigan and received the money to pay the same. The claim of Halsted & Company never having been allowed and approved by the judge of this court, are Halsted & Company now entitled to an order directing Mark Parish, administrator of said estate, to pay the said claim

Section 1490, Code of Civil Procedure, provides that “Every executor or administrator must, immediately after his appointment, cause to be published in some newspaper of the county .... a notice to the creditors of the decedent, requiring all persons having claims against him to exhibit them, with the necessary vouchers, to the executor or administrator.....”

Section 1643, Code of Civil…