Grace v. Smith

OPINION OF THE COURT BY

FREAR, C.J.

The only question for determination on this submission on agreed facts is whether the plaintiffs, physicians and surgeons* are entitled to priority of payment for professional services rendered the decedent during his last illness, that is, priority over ordinary creditors.

We have no statute on the subject. In the absence of statute, the expenses of the last illness have no priority. 2 Woemer, Administration, Secs. 361, 364, 365; 8 Am. & Eng. Ehc. of Law, 2nd Ed. 1031. In most of the states such expenses by statute rank next after the expenses of…