Dobbs v. Chandler

Mississippi Supreme Court
Dobbs v. Chandler, 84 Miss. 372 (Miss. 1904)
Whitfield

Dobbs v. Chandler

Opinion of the Court

Whitfield, C. L,

delivered the opinion of the court.

The funeral expenses are not a debt of the decedent within the meaning of § 1965, Code 1892. The considerations which *376support this view and demonstrate the correctness of the chancellor’s decree in allowing the administrator to pay the funeral expenses out of the $500 insurance money are obvious. The administrator was also entitled to a reasonable attorney’s fee, but the claim for nurse’s hire was a debt of the decedent, and ought not to have been taken out of this insurance money.

The decree is affirmed in all things except as to the claim of Elizabeth Kirshy for nurse’s hire, which was a debt of decedent. As to that it is reversed, and the cause remanded to be proceeded with in accordance with this opinion.

Reference

Full Case Name
Wesley Dobbs v. Richard W. Chandler, Administrator
Cited By
4 cases
Status
Published
Syllabus
1. Estate op Decedents. Last illness. Nursing. Code 1892, g 1965. IAfe imsv/rcmoe. Exemption. A claim for nursing a decedent in his last illness is a debt against him, and the proceeds of a life insurance policy, exempt from the debts of the decedent under Code 1892, § 1965, is not chargeable therewith. 2. Same. Funeral expenses. Attorney's fees. Code 1892, $ 1957. The funeral expenses of a decedent and an administrator’s attorney’s fee for the conduct of the administration are not debts against him, and the administrator of his estate may pay the same with the proceeds of a life insurance policy which is exempt from liability for his debts.