Van Gilder v. Warfield

GIVENS, J.,

concurring specially — It seems to me that, going directly to the heart of the controversy involved herein, the ultimate, decisive question is whether the amounts paid out by the administrator and the credits allowed respondent were for expenses of the last illness of the deceased and for the necessary preservation of the estate, and therefore fall within section 15-1127 I. C. A. as not requiring the filing of claims therefor, as construed in Hubbard v. Ball, 59 Ida. 78, 81 Pac. (2d) 73.

Though the amount was not as large and the period of time over which the expenses had been…