Galloway v. Estate of McPherson
Cases that cite this one
12 later published cases cite this decision.
- Hall v. Stewart (Va. 1923)
- Truax v. Ellett (Iowa 1944)
- Simpson v. Drake (Tenn. 1923)
- Stone v. Tyack (Mich. 1911)
- Kelley v. Wilson (Iowa 1910)
- In re Lafreniere's Estate (Mich. 1949)
- Kent v. Knight (Mo. Ct. App. 1936)
- Moran v. Leblanc's Estate (Mich. 1931)
- Watt v. Atlantic Safe Deposit & Trust Co. (N.J. 1920)
- Phillips v. Tolerton (Columbiana County Court of Common Pleas 1908)
- Galloway v. Estate of McPherson (Mich. 1889)
- Estate of Fitzpatrick (California Superior Court, San Francisco County 1885)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Mrs. McPherson, at the time of her death, lived with her husband, James McPherson. She died, leaving an estate of between two and three thousand dollars, and John Galloway, the appellant, was appointed executor of her will.
The funeral expenses and doctor bills of Mrs. McPherson during her last sickness amounted to the sum of $163, and the executor asked her husband to pay them, which he did.
The executor, on rendering his final account, included this sum among his disbursements, it standing in the account as an item for money—
“ Paid James McPherson for money advanced by my direction to the undertaker and doctors for services and funeral expenses.”
It does not appear but that the husband was able to pay his wife’s funeral expenses, and it was his duty to do so. Sears v. Giddey, 41 Mich. 590; Jenkins v. Tucker, 1 H. Bl. 90; Ambrose v. Kerrison, 10 C. B. 776; Macq. Husb. & W. 191; Bradshaw v. Beard, 12 C. B. (N. S.) 344; Bertie v. Chesterfield, 9 Mod. 31; Methodist Church v. Jaques, 1 Johns. Ch. 450; Durell v. Hayward, 9 Gray, 248.
The judgment at the circuit will be affirmed, with costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.