Constantinides v. Walsh
Massachusetts Supreme Judicial Court
Contbact, upon an account annexed, for the expenses of the funeral of the defendant’s testatrix. Writ dated June 18, 1886. Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions in substance as follows: Louisa Constantinides, the plaintiff’s wife and the defendant’s testatrix, died on October 28, 1884, possessed of separate estate, all of which she gave to her son, the step-son of the plaintiff, by her will admitted to probate on November 17,1884.…
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Contbact, upon an account annexed, for the expenses of the funeral of the defendant’s testatrix. Writ dated June 18, 1886. Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions in substance as follows: Louisa Constantinides, the plaintiff’s wife and the defendant’s testatrix, died on October 28, 1884, possessed of separate estate, all of which she gave to her son, the step-son of the plaintiff, by her will admitted to probate on November 17,1884. The plaintiff had no knowledge of the will until three weeks after her death, before which time he had contracted, and…
1Opinion of the CourtHolmes, J.
The funeral expenses of the testatrix were a preferred charge upon her estate. Pub. Sts. c. 135, § 3; c. 137, § 1. St. 1882, c. 141. Under these statutes, and those establishing the independent position of married women with regard to their property, we think that, as between the estate of a married woman leaving property and her husband, the liability of the estate must be regarded as primary, and that it would be unreasonable to charge the husband for the funeral expenses, in all events, as necessaries, irrespective of any fault on his part. If then it was still, as formerly, the…
2Cases cited2 opinions
- Weld v. WalkerMassachusetts Supreme Judicial Court · 1881
- Sweeney v. MuldoonMassachusetts Supreme Judicial Court · 1885
3Cited by37 opinions
- Arthur H. Barbe, Admr. v. David N. Drummond, David N. DrummondCourt of Appeals for the First Circuit · 1974
- Breen v. BurnsMassachusetts Supreme Judicial Court · 1932
- Goldberg v. ZellnerTexas Commission of Appeals · 1921
- Stonesifer v. ShriverCourt of Appeals of Maryland · 1904
- Magrath v. SheehanMassachusetts Supreme Judicial Court · 1936
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