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63 N.H. 592

4 A 702

Bell v. Briggs

Supreme Court of New Hampshire

Decided December 5, 1885

Supreme Court of New Hampshire · decided 1885-12-05

Bill in Equity, asking direction as to the power and duty of the plaintiffs to repair a tomb in the Valley cemetery, under the will of Mary G. Gale.

Relies on Fairman's Appeal from Probate · 6 Paige Ch. 277 - Wood v. Vandenburgh

Good law ✅— No negative treatment on recordhow we know

Decided 1885-12-05

How this case has been cited

Cited by 9 later decisions — most recently October 1953

9 state decisions

4018851890190019101920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Blodgett, J.

¶1 “ Administrators of estates actually solvent may erect suitable monuments at the graves of the testators or intestates, and the reasonable expense thereof shall be allowed them on settlement of their accounts.” G. L., e. 196, s. 17. This authority includes a power of doing what is reasonably necessary to be-done at the expense of the estate to keep a monument in a proper condition during the time of administration, and to make it as. durably suitable and sufficient as its purpose requires.-

¶2 The testatrix's monument is neither suitable nor sufficient; her- *593 estate is solvent; urgent necessity demands the proposed repairs ; the statute allows the plaintiffs to make them ; no decision in this state prohibits the requisite expenditure.

¶3 But without the statutory provision, the expenditure could properly be charged as funeral expenses. Fairman's Appeal. 30 Conn. 205; Wood v. Vandenburgh, 6 Paige Ch. 277, 278. This crumbling tomb is the testatrix’s grave as well as her monument; and the repairs are needed for her decent and permanent burial, and for the protection of the public health.

¶4 Case discharged.

Allen, J., did not sit: the others concurred.
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