Cuyahoga Circuit Court, 1907

Clawson v. Briggs

Clawson v. Briggs
Cuyahoga Circuit Court · Decided April 15, 1907 · Henry, Marvin, Winch
26 Ohio C.C. Dec. 582; 16 Ohio C.C. (n.s.) 225
Clawson v. Briggs

Opinion of the Court

WINCH, J.

In this ease we hold that in Ohio the estate of a married woman, who dies leaving property, is primarily liable for her funeral expenses, and, where the husband pays them, he may recover them from her administrator.

We follow the reasoning of the opinion, of Holmes, J., in Constantinides v. Walsh, 146 Mass. 281 [15 N. E. Rep. 631; 4 Am. St. Rep. 311].

The common pleas court being of the same opinion, its judgment is affirmed.

Marvin and Henry, JJ., concur.

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