In re the Estate of Powers
New York Surrogate's Court
Proceeding to compel the payment by the administratrix of the funeral expenses of decedent.
1Opinion of the Court
Fowler, S.
This is an application by the assignee of a funeral bill for payment thereof under subdivision 3 of section 2729, Code of Civil Procedure. The application is opposed on the ground that the administratrix rejected the claim, and that thereby the assignee of the claim is put to an action. But the surrogate, since the year 1901, may, under subdivision 3, section 2729, Code of Civil Procedure, fix and determine the amount due for reasonable funeral expenses incurred, if six months have not elapsed since the rejection of the claim by the personal representatives. Such claims stand upon a…
2Cases cited2 opinions
- Patterson v. . PattersonNew York Court of Appeals · 1875
- Kessler v. HessenCity of New York Municipal Court · 1887
3Cited by7 opinions
- In re the Final Accounting of StilesNew York Surrogate's Court · 1926
- In re the Accounting of EinachNew York Surrogate's Court · 1955
- Payment of the Undertaker's Bill v. WingerskyNew York Surrogate's Court · 1911
- In re the Estate of DixNew York Surrogate's Court · 1933
- In re the Estate of ReinhardtNew York Surrogate's Court · 1952
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