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Decisions of the Superior Courts of New South Wales, 1788-1899

Hunt v Inglis [1832] NSWSupC 39

Supreme Court of New South Wales

Forbes C.J., Stephen and Dowling JJ, 16 June 1832

Source: Proceedings of the Supreme Court of New South Wales, Vol. 72, Archives Office of New South Wales, 2/3255

 

[p. 73] This was assumpsit agt. Deft as administrator of the effects of one Harrison, to recover the funeral expenses of the latter.

Harrison having died intestate, the Registrar & two friends of the deceased were directed to collect his effects - which they did.  He was buried by the plf at the request of his two friends.  Administration was afterwards taken out by the deft a creditor of the deceased, against [?] he had judgement.  The Registrar had handed over the balance [p. 74] remaining in his hands to the Deft, but had not discharged the undertaker's bill.  The declaration averred or request by the Deft qua administrator; & it was contended that this request must be proved.

The Court now upon motion for a new trial ruled that the Deft having taken out administration he took upon him thereby all the legal liabilities attachable to the effects, & a request by him to bury the deceased would be legally implied.  Although he had pleaded plene administratit, yet as it did not appear that the effects were all absorbed by the judgements, that plea would not avail him.  It was certainly a question for the assessors to say whether the funeral was such as was suitable & proper to the condition life, & apparent property of the deceased in his life time.

Rule refused.

Published by the Division of Law, Macquarie University