Forsey v. Hale

I dissent, adhering to the position and reasoning stated in the prior opinion. 13 Utah 2d 315, 373 P.2d 904. In an effort to make this as clear as possible I add the following:

There are two propositions which I regard as fundamental and inescapable and which should be controlling in this situation :

First, the duty to pay for decedent’s last illness and burial falls primarily upon her estate. This is the law generally and is expressly made so in Utah by our statute.1 Only secondarily is the husband (or anyone else) obliged to pay such charges. It is sound policy to encourage the payment of…