Weil v. Schneider

New York Supreme Court

Weil v. Schneider

154 Misc. 797, 278 N.Y.S. 593, 1935 N.Y. Misc. LEXIS 1066

CourtNew York Supreme Court

DecidedMarch 15, 1935

StatusPublished

Cited by2 cases

This text of 154 Misc. 797 (Weil v. Schneider) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Weil v. Schneider, 154 Misc. 797, 278 N.Y.S. 593, 1935 N.Y. Misc. LEXIS 1066 (N.Y. Super. Ct. 1935).

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Opinion

Per Curiam.

The estate of the deceased was primarily hable for the payment of the reasonable funeral expenses, and a preference is given to this indebtedness over all others as a debt of the estate. (Surr. Ct. Act, § 216; Dec. Est. Law, § 176.) If, however, the estate was insolvent or insufficient to pay reasonable funeral expenses, the widow is liable, provided she made an express promise or agreement to pay from her separate estate. (Hazard v. Potts, 40 Misc. 365.)

The plaintiff having made out a prima facie case on the defendant’s express promise to pay, it was error to dismiss the complaint at the close of plaintiff’s case. Judgment and order reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur;• present, Lydon, Hammer and Frankenthaler, JJ.

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Per Curiam.

The estate of the deceased was primarily hable for the payment of the reasonable funeral expenses, and a preference is given to this indebtedness over all others as a debt of the estate. (Surr. Ct. Act, § 216; Dec. Est. Law, § 176.) If, however, the estate was insolvent or insufficient to pay reasonable funeral expenses, the widow is liable, provided she made an express promise or agreement to pay from her separate estate. (Hazard v. Potts, 40 Misc. 365.)

The plaintiff having made out a prima facie case on the defendant’s express promise to pay, it was error to dismiss the complaint at the close of plaintiff’s case. Judgment and order reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur;• present, Lydon, Hammer and Frankenthaler, JJ.

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Bluebook (online)

154 Misc. 797, 278 N.Y.S. 593, 1935 N.Y. Misc. LEXIS 1066, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weil-v-schneider-nysupct-1935.

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