Hayes v. Gill
Massachusetts Supreme Judicial Court
Contract by a husband against the executor of the will of his wife for the amount of certain expenses attending her last sickness, death, funeral and burial, which were paid by him. Writ dated May 12, 1914. The case was referred to an auditor and afterwards was heard by Fessenden, J., without- a jury, upon the auditor’s report and some oral testimony.
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Contract by a husband against the executor of the will of his wife for the amount of certain expenses attending her last sickness, death, funeral and burial, which were paid by him. Writ dated May 12, 1914. The case was referred to an auditor and afterwards was heard by Fessenden, J., without- a jury, upon the auditor’s report and some oral testimony. The judge, among other findings, found that the entire amount of expenses paid by the plaintiff, both before and after his wife’s death, was $1,192.08; that of this $213.95 was paid after her death, and that $96 of that amount had been repaid to…
1Opinion of the CourtBraley, J.
The court of probate under R. L. c. 140, § 2, may make allowances for necessaries to the widow for herself and family under her care, and by § 3, cl. 1, where a person dies possessed of property not lawfully disposed of by will, the personal property remaining after “such allowances,” shall be first applied to the payment of the debts of the deceased and the charges of his last *390sickness and funeral and the settlement of his estate. A similar provision is found in Pub. Sts. c. 135, § 3, cl. 1, concerning which it was said in Sweeney v. Muldoon, 139 Mass. 304, 307, “The necessity for a decent…
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- Atkins v. AtkinsMassachusetts Supreme Judicial Court · 1907
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3Cited by12 opinions
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- In Re Wilson's EstateSupreme Court of Oklahoma · 1932
- Joseph S. Waterman & Sons, Inc. v. HookMassachusetts Supreme Judicial Court · 1923
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