Sweeney v. Muldoon
Massachusetts Supreme Judicial Court
Conteact, on an account annexed, against the administrator of the estate of Owen Muldoon, for money paid. The account contained the following items: 1. Lot in Mt.
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Conteact, on an account annexed, against the administrator of the estate of Owen Muldoon, for money paid. The account contained the following items: 1. Lot in Mt. Calvary Cemetery, $125. 2. Digging grave, $3. 3. Use of chapel for services and for funeral ceremony, $12. 4. Curtains, $10. 5. Flowers, $6. 6. Underwear and clothing, $3.40. 7. Monument, carting, setting, and fixing lot, $113. Trial in the Superior Court, before Bacon, J., who reported the case for the determination of this court, in substance as follows: Owen Muldoon died in Boston on September 29, 1880, intestate, leaving no…
1Opinion of the CourtField, J.
It has not been contended by the defendant, in his argument in this court, that the instructions of the judge of the Superior Court were not correct. The items in the account annexed, other than that for the monument or tombstone, are for the purchase of a burial lot and for funeral expenses, and were incurred after the death of the defendant’s intestate, and before the appointment of the defendant as administrator. The law raises a promise on the part of an administrator, so far as *306he has assets, to pay the reasonable funeral expenses of burying the deceased, although they are incurred…
2Cited by18 opinions
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- Kelley v. WilsonSupreme Court of Iowa · 1910
- Phillips v. First Nat. BankSupreme Court of Alabama · 1922
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