California Superior Court, San Francisco County, 1885

Estate of Fitzpatrick

Estate of Fitzpatrick
California Superior Court, San Francisco County · Decided May 19, 1885 · Coffey
1 Coffey 117
Estate of Fitzpatrick

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.