Legal Opinion

In re Kalbfleisch

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903PublishedCited by 1 opinion

Appeal by Albert M. Kalbfleisch, as administrator, etc., of Catherine C. Kalbfleisch, deceased, from a decree of the Surrogate’s Court of the county of Kings, entered in said Surrogate’s Court on the 7th day of May, 1902, directing the said administrator to pay the funeral expenses of the said decedent out of her estate.

1Opinion of the Court

Goodrich, P. J. :

This appeal is from a decree of the surrogate of the county of Kings, directing Albert M. Kalbfleisch, administrator, etc., of his deceased wife’s estate, to pay her funeral expenses out of her estate.

On April 5, 1901, the Legislature passed chapter 293, an act amending section 2729 of the Code of Civil Procedure, by adding subdivision 3, which in part reads: “ Every executor or administrator shall pay, out of the first moneys received, the reasonable funeral expenses of decedent, and the same shall be preferred to all debts and claims against the deceased. If the same be not…

2Cases cited2 opinions

  1. In re the Petition of KippAppellate Division of the Supreme Court of the State of New York · 1902
  2. Murphy v. NaughtonNew York Supreme Court · 1893

3Cited by1 opinion

  1. In re the Estate of PopekNew York Surrogate's Court · 1935

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