Legal Opinion
In re the Judicial Settlement of the Account of Huth
New York Surrogate's Court
Decided December 15, 1914PublishedCited by 4 opinions
Proceeding upon the judicial settlement of the account of an executor.
1Opinion of the Court
Ketcham, S.
The executor presents the question whether the funeral expenses of his decedent shall be charged against the general estate left by the deceased or against the sum recovered 'by the executor as damages for the negligent killing of the deceased.
The general estate was $14,000 of personalty and real estate of a rental value of $25 per month.
The recovery of damages for causing the death was $2,683.25, and its net amount after all deductions, except for the funeral, was $1,669.98. The funeral charge is $403.50.
The only person interested in the recovery- of damages was the decedent’s…
2Cases cited2 opinions
- Murphy v. . N.Y. Cent. Hudson R.R.R. Co.New York Court of Appeals · 1882
- In re the Judicial Settlement of the Estate of McDonaldNew York Surrogate's Court · 1906
3Cited by4 opinions
- Apostle v. PappasNew York Supreme Court · 1935
- Davis v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1922
- Davis v. New York Central & Hudson River RailroadNew York Court of Appeals · 1922
- In re the Estate of GoyetteNew York Surrogate's Court · 1931