Jaqua v. Gray
Jaqua v. Gray
Opinion of the Court
Appellant, Edwin S. Jaqua, as administrator of the estate of Bayard Gray, deceased, filed in the court below a petition asking leave of court to expend the sum of
It is appellant’s contention that the erection of a suitable monument in memory, of decedent is a proper part of the funeral expenses, for which the estate is legally chargeable, and therefore it was the duty of the court below to direct the expenditure prayed for.
The administrator is appointed to administer upon the goods and chattels of the estate, to collect the assets and convert them into money, and to pay its debts. It may well be doubted whether the action of the court in refusing'to grant the prayer of the petition of its officer to authorize him to do an act and to expend money of the estate, which the law and his duties do not require him to do, is reviewable in the Appellate Court. Clearly it cannot be reviewed except for an abuse of discretion. None is shown in this ease.
From what is averred in the petition, it may well be inferred that if a monument were erected in honor of the Gray family the estate of other deceased members of the family should justly 'contribute to its construction.
Judgment of the court below affirmed
Case-law data current through December 31, 2025. Source: CourtListener bulk data.