Ward Co. v. . Jones, Administrator
Supreme Court of North Carolina
This was an action of assumpsit against the defendant, as the administrator of Wright B. Evans, for goods sold and deliv-«red to the intestate, and for certain articles furnished for the burial of said intestate. It Was commenced by a warrant before a single magistrate, and by successive appeals carried to the Superior Court of Martin County, where it was tiled on the last Fall Circuit, before his Honor, Judge Settle.
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This was an action of assumpsit against the defendant, as the administrator of Wright B. Evans, for goods sold and deliv-«red to the intestate, and for certain articles furnished for the burial of said intestate. It Was commenced by a warrant before a single magistrate, and by successive appeals carried to the Superior Court of Martin County, where it was tiled on the last Fall Circuit, before his Honor, Judge Settle. The account, which was filed, was made out against Wright B. Evans, and contained many small items, amounting in all to f> 10,8-100, and including the articles said to have been…
1Opinion of the Court
Battle, J.,
after stating the case as .above, proceeded: The expenses necessary for the decent interment of a deceased person, and suitable to the estate which he leaves behind him, are a charge upon the assets in die hands of his executor or administrator, and have a preference over all other debts. 2 Bl. Com. 508. They bind the assets, independent of any promise by the executor or administrator, provided he is notified that they are claimed as a funeral charge* before the assets are exhausted in the payment of other demands. Parker v. Lewis, 2 Dev. Rep. 21. These principles seem to have been…
2Cited by2 opinions
- G. D. Ray & Son Ex Rel. Young v. HoneycuttSupreme Court of North Carolina · 1896
- Brown v. . BrownSupreme Court of North Carolina · 1930