Quin v. Hill
New York Surrogate's Court
The testator left a daughter, Arabella, the wife of Henry W. Quin, Jr., who was a beneficiary under the will, and who died in January, 1885. The executors, Frances C. Hill and Edward Petit, rendered an account of their proceedings, which resulted in a decree, entered June 5th, 1885, whereby it was, among other things, adjudged that there was due to Arabella Quin the sum of $613.64, and directed that the executors pay the same to her legal representative.
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The testator left a daughter, Arabella, the wife of Henry W. Quin, Jr., who was a beneficiary under the will, and who died in January, 1885. The executors, Frances C. Hill and Edward Petit, rendered an account of their proceedings, which resulted in a decree, entered June 5th, 1885, whereby it was, among other things, adjudged that there was due to Arabella Quin the sum of $613.64, and directed that the executors pay the same to her legal representative. Said Henry W. Quin, Jr.,was appointed administrator of her estate on the 29th day of the same month. Frances C. Hill, the mother of…
1Opinion of the Court
The Surrogate.
As matter of law, a husband is bound to bury the body of his deceased wife, but he may now be allowed the funeral expenses out of her estate, if she have any ; and the executor or administrator is. ultimately liable therefor, in most instances, But where, in the absence of the personal representative or the person bound to bury a dead body, or from the necessity of the case, another incurs the expense of a proper burial, he may recover it from the person *72or estate that was bound to do it (Appendix to 4 Redf. R., 527). An examination of the authorities collated by Mr. Redfield…
2Cases cited3 opinions
- Patterson v. . PattersonNew York Court of Appeals · 1875
- Rappelyea v. RussellNew York Court of Common Pleas · 1862
- Dudley v. GriswoldNew York Surrogate's Court · 1851
3Cited by2 opinions
- In re the Estate of MoranNew York Surrogate's Court · 1911
- Blood v. KaneNew York Supreme Court · 1889