Estate of Fitzpatrick

1 Coffey 117
CourtSuperior Court of California, County of San Francisco
DecidedMay 19, 1885
DocketNo. 2,623
StatusPublished

This text of 1 Coffey 117 (Estate of Fitzpatrick) is published on Counsel Stack Legal Research, covering Superior Court of California, County of San Francisco primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Estate of Fitzpatrick, 1 Coffey 117 (Cal. Super. Ct. 1885).

Opinion

COFFEY, J.

I am unable to find any authority anywhere exempting the surviving husband from liability for the funeral expenses of the deceased wife, where he has resources sufficient to respond; and the court is destitute of discretion in such case: Garvey v. McCue, 3 Redf. 315.

Services Rendered by Physicians and Undertakers to a married woman should be paid by her husband, if he is able to pay them, rather than out of her estate: Estate of Weringer, 100 Cal. 345, 34 Pac. 825; note in 98 Am. St. Rep. 647; Constantinides v. Walsh, 146 Mass. 281, 4 Am. St. Rep. 311, 15 N. E. 631; Callaway v. Estate of McPherson, 67 Mich. 546, 11 Am. St. Rep. 596, 35 N. W. 114.

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Related

In re Estate of Weringer
34 P. 825 (California Supreme Court, 1893)
Garvey v. McCue
3 Redf. 313 (New York Surrogate's Court, 1877)
Constantinides v. Walsh
15 N.E. 631 (Massachusetts Supreme Judicial Court, 1888)
Galloway v. Estate of McPherson
35 N.W. 114 (Michigan Supreme Court, 1887)

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Bluebook (online)
1 Coffey 117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-fitzpatrick-calsuppctsf-1885.