Parker v. . Lewis
Supreme Court of North Carolina
From Edgecomb, Assumpsit brought to recover the balance of an account, including the sum of thirty-seven dollars for the funeral expenses of the Defendant’s intestate. On the issue of fully administered, it appeared that the Defendant had notice of the claim before the action was brought, and tiie only question was, whether the Defendant could retain the assets in his hands, to satisfy a judgment he had obtained against the intestate in his lifetime.
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From Edgecomb, Assumpsit brought to recover the balance of an account, including the sum of thirty-seven dollars for the funeral expenses of the Defendant’s intestate. On the issue of fully administered, it appeared that the Defendant had notice of the claim before the action was brought, and tiie only question was, whether the Defendant could retain the assets in his hands, to satisfy a judgment he had obtained against the intestate in his lifetime. His honor Judge Norwood, informed the Jury that funeral expenses were preferred to debts of record, that the administrator was liable for them…
1Opinion of the Court
Henderson, Judge.
Funeral expenses are to be paid in preference to any other debt, out of the assets of the deceased, not excepting debts due by record, even to the sovereign. They form a charge upon the assets, independently of any promise by the executor or administrator, upon th,e ascertainment of the fact that they are of that description, and proper for the estate and degree of the deceased. .These enquiries however, of course, leave open the question whether they were unnecessarily or officiously incurred by <a stranger. We disclaim the intention of weakening the claim of these expenses…
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