Legal Opinion

Galloway v. Estate of McPherson

Michigan Supreme Court

Decided November 10, 1887PublishedCited by 14 opinions

Error to Wayne. (Speed, J.) Judgment of the circuit court, disallowing charge by executor for money advanced by a husband to pay his wife’s funeral expenses, affirmed. The facts are stated in the opinion.

1Opinion of the CourtSherwood, J.

Mrs. McPherson, at the time of her death, lived with her husband, James McPherson. She died, leaving an estate of between two and three thousand dollars, and John Galloway, the appellant, was appointed executor of her will.

The funeral expenses and doctor bills of Mrs. McPherson during her last sickness amounted to the sum of $163, and the executor asked her husband to pay them, which he did.

The executor, on rendering his final account, included this sum among his disbursements, it standing in the account as an item for money—

“ Paid James McPherson for money advanced by my direction to the…

2Cases cited2 opinions

  1. Sears v. GiddeyMichigan Supreme Court · 1879
  2. Trustees of Methodist Episcopal Church v. JaquesNew York Court of Chancery · 1815

3Cited by14 opinions

  1. Hall v. StewartSupreme Court of Virginia · 1923
  2. Kelley v. WilsonSupreme Court of Iowa · 1910
  3. Gustin ex rel. Atwood v. BrydenAppellate Court of Illinois · 1917
  4. Truax v. EllettSupreme Court of Iowa · 1944
  5. In Re Lafreniere's EstateMichigan Supreme Court · 1949

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