Legal Opinion

In re Estate of Kaercher

Erie County Probate Court

Decided July 1, 1906Published

1Opinion of the CourtSloane, J.

Heard on. exceptions to partial account of A. C. Close, adminisitnator.

*460This is in some respects an unusual case, in that the administrator of this estate made the arrangements for the funeral of the deceased and ordered the casket. Ordinarily the immediate duty — to quote from Redfield, Surrogate Practice — of burying the body rests upon the husband or wife or other relation of the decedent, or may resit upon a stranger, under whose roof the death may have occurred. He can not keep the body unburied or, by exposing it to violations, offend the feelings or endanger the health of the living.…

2Cases cited3 opinions

  1. Foley v. BrocksmitSupreme Court of Iowa · 1903
  2. In re RooneyNew York Surrogate's Court · 1877
  3. Kittle v. HuntleyNew York Supreme Court · 1893

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