Dobbs v. Chandler

Decided March 15, 1904

Mississippi Supreme Court · decided 1904-03-15

From the chancery court of, second district, Chickasaw county. Hon. Henry L. Muldrow^ Chancellor. The questions in this case arose thus: Chandler, administrator of the estate of Lee W. Dobbs, deceased, collected five hundred dollars' on a policy of life insurance on the life of the decedent, payable to the administrator of the insured.

Good law ✅— No negative treatment on recordhow we know

Decided 1904-03-15

How this case has been cited

Cited by 4 later decisions — most recently February 1953

4 state decisions

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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Whitfield, C. L,

¶1delivered the opinion of the court.

¶2The 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.

¶3The 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.