Kittle v. Huntley
New York Supreme Court
Appeal from judgment on report of referee. Action by Frank H. Kittle against Israel Huntley to recover for services and materials furnished as an undertaker in the burial of one Roxanna Duel, defendant’s testator. Decedent’s estate, which came into the hands of defendant as executor, amounted to about $800. From a judgment for plaintiff entered on a report of a referee, defendant appeals.
1Opinion of the CourtMayham, P. J.
The complaint in this action alleges in substance that the plaintiff is an undertaker, and as such took charge of and superintended the burial of Roxanna Duel, deceased, and performed the work, and furnished necessary materials, and paid, laid out, and expended moneys necessary for and connected with such burial services, all of which were worth the sum of $127. The complaint alleges also that the deceased left a last will and testament, wherein she named the defendant as sole executor, and that such will was duly proved, and the defendant was duly appointed as executor thereof, and duly…
2Cited by3 opinions
- In re the Estate of DerryNew York Surrogate's Court · 1936
- In re the Estate of CollinsNew York Surrogate's Court · 1936
- In re Estate of KaercherErie County Probate Court · 1906