Samuel v. Estate of Thomas
Wisconsin Supreme Court
APPEAL from the Circuit Court for Racine County. Mrs. Samuel presented to the county court of said county a petition that she be allowed, out of the estate above named, certain money expended by her for the purposes and under the circumstances hereinafter mentioned.
Read the full summary
APPEAL from the Circuit Court for Racine County. Mrs. Samuel presented to the county court of said county a petition that she be allowed, out of the estate above named, certain money expended by her for the purposes and under the circumstances hereinafter mentioned. The material facts alleged in the petition are as follows: In September, 1875, the deceased, John Thomas, was duly adjudged to be insane, and William W. Vaughn was duly appointed guardian of his person and estate; and thereafter acted as such guardian. Prior to his becoming insane, the relations between the deceased and Mrs.…
1Opinion of the Court
LyoN, J\
It may be conceded that the tombstone and curbing which the appellant procured for the grave of her deceased brother were appropriate to his estate and condition in life; that the expenditures therefor may be regarded as burial expenses; and that, had the administi-ator made such expenditures, the court might, in its discretion, have allowed the amount thereof against the estate. But it does not necessarily follow from these propositions, that the claim of the appellant is valid and enforceable against the estate of the intestate. The question to be determined is, What expenses…
2Cases cited1 opinion
- Foley v. BushwayIllinois Supreme Court · 1874
3Cited by4 opinions
- Koerber v. PatekWisconsin Supreme Court · 1904
- Phillips v. First Nat. BankSupreme Court of Alabama · 1922
- Hodge v. Cameron, Exr.Superior Court of Pennsylvania · 1938
- In re the Estate of FlintNew York Surrogate's Court · 1896