Merrill v. Avery

GEORGE E. HOLT, Circuit Judge.

The judgment of the civil court of record which this court is asked to review on appeal was entered in a proceeding wherein the plaintiff, Dorothy L. Merrill, as Executrix of the Estate of Georgette M. Avery, Deceased, appellee here, brought suit against the executrix of the estate of the deceased husband, appellant here, for the funeral and medical expenses of the deceased wife, which were paid by the executrix of the deceased wife’s estate.

Georgette M. Avery died on April 7, 1946, survived by her husband, L. West Avery. The undisputed evidence shows that the…