MacDonnell v. Arnott

On Rehearing

For former opinion, see 56 Nev. 346, 53 P. (2d) 625. L. D. Summerfield, for Appellant, Ross Burke Co.: Joseph P. Haller and Albert Hilliard, for Respondent:

OPINION

By the Court,

COLEMAN, J.:

We granted a rehearing to consider the contention that even if the lower court had no discretion in the *507matter of making the allowance to the family, the claim of Ross Burke Company for funeral charges should be paid.

Section 9702 N. C. L. reads: “Any allowance made by the court or judge in accordance with the provisions of this act shall be paid by the executor or administrator in preference to…