Schneider v. Estate of Breier
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county; WaeeeN D. TaeeaNT, Circuit Judge. Anna Selma Breier died intestate, leaving a separate estate, and was survived by her husband, John Breier, who lived with her as such up to the time of her death.
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Appeal from a judgment of the circuit court for Milwaukee county; WaeeeN D. TaeeaNT, Circuit Judge. Anna Selma Breier died intestate, leaving a separate estate, and was survived by her husband, John Breier, who lived with her as such up to the time of her death. August F. Schneider, plaintiff, an undertaker, at the request of the surviving husband, prepared and buried said deceased, and furnished all necessary work, labor, materials, and services, .amounting to $145.75,'which claim was duly filed against •the estate and allowed by the court. An appeal was taken to ■the circuit court, and the…
1Opinion of the CourtKeewiN, J.
The question involved upon this appeal is whether the estate of a married woman who dies leaving separate property is liable for funeral expenses. It seems to be well settled that estates of deceased persons are liable for funeral expenses such as are usually adopted for persons of like rank and condition in society (2 Woerner, Adm’n, §§ 357, 359; Schouler, Ex’rs, 3d ed. § 421); and this rule applies to married women leaving separate estates to be administered. Morrissey v. Mulhern, 168 Mass. 412, 47 N. E. 407; McCue v. Garvey, 14 Hun, 562; McClellan v. Filson, 44 Ohio St. 184, 5 N. E. 861;…
2Cases cited2 opinions
- Constantinides v. WalshMassachusetts Supreme Judicial Court · 1888
- Morrissey v. MulhernMassachusetts Supreme Judicial Court · 1897
3Cited by19 opinions
- Goldberg v. ZellnerTexas Commission of Appeals · 1921
- Bowen v. . DaughertySupreme Court of North Carolina · 1915
- Hall v. StewartSupreme Court of Virginia · 1923
- Kelley v. WilsonSupreme Court of Iowa · 1910
- Grasser v. AndersonWisconsin Supreme Court · 1937
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