Dobbs v. Chandler
Mississippi Supreme Court
From the chancery court of, second district, Chickasaw county. Hon. Henry L. Muldrow^ Chancellor. The questions in this case arose thus: Chandler, administrator of the estate of Lee W. Dobbs, deceased, collected five hundred dollars' on a policy of life insurance on the life of the decedent, payable to the administrator of the insured.
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From the chancery court of, second district, Chickasaw county. Hon. Henry L. Muldrow^ Chancellor. The questions in this case arose thus: Chandler, administrator of the estate of Lee W. Dobbs, deceased, collected five hundred dollars' on a policy of life insurance on the life of the decedent, payable to the administrator of the insured. Wesley Dobbs, appellant, the sole heir of the decedent, petitioned tbe court iu which the administration was pending for a decree ordering the administrator to pay over to him the whole of the insurance money as exempt property, under Code 1892, § 1965,…
1Opinion of the Court
Whitfield, C. L,
delivered the opinion of the court.
The funeral expenses are not a debt of the decedent within the meaning of § 1965, Code 1892. The considerations which *376support this view and demonstrate the correctness of the chancellor’s decree in allowing the administrator to pay the funeral expenses out of the $500 insurance money are obvious. The administrator was also entitled to a reasonable attorney’s fee, but the claim for nurse’s hire was a debt of the decedent, and ought not to have been taken out of this insurance money.
The decree is affirmed in all things except as to the claim of…
2Cited by4 opinions
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