Webber v. Spannhake
New York Surrogate's Court
This was a motion to confirm the report of an auditor in the matter of the estate of Catharine Spannhake, deceased. The executor, Lewis Spannhake, was the husband of the testatrix, and a physician; and in his account rendered, he charged the estate the sum of $270 for medical attendance on Ms wife, and also for the sum of $725, paid to Dr. Webber for medical attendance upon the executor’s wife, both which items were disallowed by the auditor.
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This was a motion to confirm the report of an auditor in the matter of the estate of Catharine Spannhake, deceased. The executor, Lewis Spannhake, was the husband of the testatrix, and a physician; and in his account rendered, he charged the estate the sum of $270 for medical attendance on Ms wife, and also for the sum of $725, paid to Dr. Webber for medical attendance upon the executor’s wife, both which items were disallowed by the auditor. Dr. Webber was called as a witness who testified, in substance, that Dr. Spannhake called upon him and asked him to attend his wife,—that it was not…
1Opinion of the Court
The Surrogate.
Upon the evidence as to the item of payment to Dr. Webber, it is difficult to see how the auditor could have done otherwise than he has done in respect to that charge, and his disallowance of the claim seems to be. the only finding excepted to.
The amount of the estate seems to have been $1,245-13. It is too plain for controversy that the husband is liable for necessaries, including medical attendance, furnished to his wife, even though they be furnished on the application of the wife, and though she may possess a separate estate; much more so, when it appears that the husband…
2Cases cited2 opinions
- H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- Perkins v. PerkinsNew York Supreme Court · 1872
3Cited by2 opinions
- Hazard v. PottsAppellate Terms of the Supreme Court of New York · 1903
- In re the Judicial Settlement of the Estate of SmithNew York Surrogate's Court · 1896