In Re Estate of Magorty
California Supreme Court
APPEAL from an order of the Superior Court of the City and- County of San Francisco settling the final accounts of the administrator of the estate of a deceased person. J. V. Coffey, Judge.
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APPEAL from an order of the Superior Court of the City and- County of San Francisco settling the final accounts of the administrator of the estate of a deceased person. J. V. Coffey, Judge. The appellant, as administrator of the estate of Walter Magorty, deceased, came into possession of, and in his final account accounted for, real property of the value of three thousand five hundred dollars, and money to the amount of $206.25, and claimed commissions on such valuation in the sum of $178.25. The real property, at the time of the decedent’s death, was mortgaged, and was lost to the estate by…
1Opinion of the Court
At the close of the argument, Shaw, J., delivered the opinion of the court, Sloss, J., and Lawlor, J., concurring:
It is the opinion of the court that, under section 1643 of the Code of Civil Procedure, funeral expenses rank as a debt of the estate similar in character to other debts in many respects, but payable in preference to all other debts, and that the provision of section 1646, that the executor or administrator, as soon as he has sufficient funds in his hands, must pay the funeral expenses, expenses of the last illness and allowance made for the family of the decedent, means that as…
2Cited by27 opinions
- Potter v. ChambersCalifornia Supreme Court · 1922
- In Re Clark's EstateMontana Supreme Court · 1937
- Texas Co. v. County of Los AngelesCalifornia Supreme Court · 1959
- Cohn v. CohnCalifornia Supreme Court · 1942
- Estate of SkinkerCalifornia Supreme Court · 1956
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