Lucas v. Hessen
New York Court of Common Pleas
Appeal from a judgment of the District Court in the City of New York for the Seventh Judicial District. The facts are stated in the opinion.
1Opinion of the CourtVan Hoesen, J.
The plaintiff:, who is an undertaker, furnished the necessaries for the funeral of a Mrs. Kessel, who, by her will, made the defendants her executors. The defendants have assets belonging to the estate of the testatrix more than sufficient to pay the plaintiff’s bill. Having assets in their hands, the executors would, under ordinary circumstances, be personally liable to pay the funeral expenses of the testatrix (Rappleyea v. Russell, 1 Daly 214; Patterson v. Patterson, 59 N. Y. 574; Williams on Executors, marg. p. 1624.
The husband of the testatrix was likewise liable to the undertaker, but,…
2Cases cited3 opinions
- Patterson v. . PattersonNew York Court of Appeals · 1875
- Rappelyea v. RussellNew York Court of Common Pleas · 1862
- Jackson v. WesterfieldNew York Supreme Court · 1881
3Cited by11 opinions
- Apostle v. PappasNew York Supreme Court · 1935
- G. D. Ray & Son Ex Rel. Young v. HoneycuttSupreme Court of North Carolina · 1896
- Ruggiero v. TufaniAppellate Terms of the Supreme Court of New York · 1907
- Benedict v. FergusonAppellate Division of the Supreme Court of the State of New York · 1897
- Kessler v. HessenCity of New York Municipal Court · 1887
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