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26 Ohio C.C. Dec. 582

Clawson v. Briggs

Cuyahoga Circuit Court

Decided April 15, 1907

Cuyahoga Circuit Court · decided 1907-04-15

<p>DEATH — HUSBAND AND WIFE.</p> <p>Estate of Married Woman Liable for Her Funeral Expenses.</p> <p>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.</p> <p>[Syllabus by the court.]</p>

Relies on Constantinides v. Walsh

Decided 1907-04-15

WINCH, J.

¶1In 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.

¶2We 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].

¶3The common pleas court being of the same opinion, its judgment is affirmed.

Marvin and Henry, JJ., concur.
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