Roche Undertaking Co. v. DeBardelaben
Alabama Court of Appeals
Assumpsit. Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold- Berney. Assumpsit by the Roche Undertaking Company against P. H. DeBardelaben, as administrator. Judgment for. defendant and plaintiff appeals.
Read the full summary
Assumpsit. Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold- Berney. Assumpsit by the Roche Undertaking Company against P. H. DeBardelaben, as administrator. Judgment for. defendant and plaintiff appeals. The claim here was not a claim against the decedent, but was a Claim against bis personal representative, and as such fell in the class of claims mentioned in section 2589, Code 1907, and hence, did not need to he filed or verified, as are claims against the estate. — Gayle v. Johnson, 72 Ala. 254; 2 Williams Executors, 871; Jones v. Duberry, 72 Ala. 811. The court,…
1Opinion of the CourtThomas, J.
There is but one question presented by this record, and that is: Is the claim of a third person for the funeral expenses of a decedent such a claim against his estate, within the contemplation of our statutes, as that it has to be verified and presented as a claim against his estate within 12 months after grant of letters of administration thereon, in order to prevent its payment being barred or prohibited by the statute of nonclaim (Code 1907, §§ 2590, 2593)? We are of opinion that it is not. S'aid section 2590 provides: “All claims against the estate of a decedent, than the claims referred…
2Cases cited6 opinions
- McDowell v. JonesSupreme Court of Alabama · 1877
- Gayle's Adm'r v. JohnstonSupreme Court of Alabama · 1882
- Dampier v. St. Paul Trust Co.Supreme Court of Minnesota · 1891
- Napier v. FosterSupreme Court of Alabama · 1885
- Neil v. Cunningham's ExecutorsSupreme Court of Alabama · 1835
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Frank J. Underwood, as Administrator of the Estate of Shirley Underwood Dunn, Deceased v. United StatesCourt of Appeals for the Fifth Circuit · 1966
- Moore v. StephensSupreme Court of Alabama · 1956
- Canada v. CanadaSupreme Court of Alabama · 1942
- Burns v. WegmanSupreme Court of Arkansas · 1940