G. D. Ray & Son Ex Rel. Young v. Honeycutt
Supreme Court of North Carolina
Civil aotion, tried before Bryan, I., at Fall Term, 1895, of Y-aNCEy Superior Court, on appeal from a judgment of a justice of the peace. A jury trial was waived and bis Honor, by Consent, found the facts. The action was to recover for burial expenses of T. W. Young, paid by the plaintiff, M. E. Young.
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Civil aotion, tried before Bryan, I., at Fall Term, 1895, of Y-aNCEy Superior Court, on appeal from a judgment of a justice of the peace. A jury trial was waived and bis Honor, by Consent, found the facts. The action was to recover for burial expenses of T. W. Young, paid by the plaintiff, M. E. Young. Mary E. Young, the plaintiff, was introduced and testified that she was the widow of T. W. Young, deceased; that, at the death of her husband, Hon Young, brother of her husband, went to the store of G. H. Ray & Son and got the burial clothes for her husband, and that within two or three days…
1Opinion of the Court
ClaeK, J.:
Burial expenses, from the nature of things, are not an indebtedness of the deceased, for they accrue alter his death; nor are they costs of administration incurred by the personal representative ; indeed, they are created before his qualification. Yet, from very necessity, proper funeral expenses are the first charge upon the assets in the hands of the executor or administrator, being preferred at common law (2 Bl., 508) and by our statute (Code, Section 1416) to taxes and debts due the State or sovereign, and to all judgments. “ They bind the assets, independent of any promise by…
2Cases cited7 opinions
- Patterson v. . PattersonNew York Court of Appeals · 1875
- Hoe v. . SanbornNew York Court of Appeals · 1860
- Lucas v. HessenNew York Court of Common Pleas · 1885
- Parker v. . LewisSupreme Court of North Carolina · 1828
- Ward Co. v. . Jones, AdministratorSupreme Court of North Carolina · 1852
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3Cited by11 opinions
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- Packard v. SmartSupreme Court of North Carolina · 1944
- Smolka v. James T. Chandler & Son, Inc.Supreme Court of Delaware · 1941
- Cape Girardeau Bell Telephone Co. v. HamilMissouri Court of Appeals · 1911
- Reid v. . KingSupreme Court of North Carolina · 1911
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