Garvey v. McCue
New York Surrogate's Court
John Garvey, a creditor of the deceased, Catherine McCue, sought to enforce the payment of a judgment held by him against her estate from the administrator, her husband.
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John Garvey, a creditor of the deceased, Catherine McCue, sought to enforce the payment of a judgment held by him against her estate from the administrator, her husband. The administrator filed his account, from which it appeared that there came into his hands from two savings banks funds standing in the name of his wife at her decease amounting to $297.67, which he claims to have expended in her funeral expenses, physician’s bills and counsel fees, together with $50.01 more than he received from the estate. Objections were filed to this account and to the ap- ’ plication of the estate of the…
1Opinion of the Court
The Surrogate.
I see no objections to any of these items, if I shall conclude they are properly chargeable in this case against the estate.
It appears that, according to the customs of the family and faith of the deceased, the attendance of a priest and a wake or gathering of friends and relatives preceding the burial are sustained, and, within reasonable limits, any expense attending the same allowed.
But the primary question here is as to the right of the husband of the deceased to charge his wife’s estate with these expenses.
He claims before me that the money in bank was virtually his, which…
2Cited by3 opinions
- In re SouleNew York Surrogate's Court · 1888
- McCullough v. McCreadyAppellate Terms of the Supreme Court of New York · 1907
- Estate of Fitzpatrick, Superior Court of California, County of San Francisco1885