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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Mattfeld v. Nester, 32 N.W.2d 291 (1948)

Citation
Mattfeld v. Nester, 32 N.W.2d 291 (1948)
Parent Document
Mattfeld v. Nester, 32 N.W.2d 291 (1948)
Jurisdiction
Minnesota (state)
Effective Date
1948-04-16

Other Sections in This Document (117)

Full Text

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A husband is personally liable for the expense of his wife’s burial. Gleason v. Warner, 78 Minn. 405, 81 N. W. 206. In certain cases the husband is entitled to be reimbursed for such expenses, as where his wife leaves an estate by having it paid either as a claim against her estate, or an expense of administration (Kelly v. Snow, 168 Minn. 298, 210 N. W. 105; 3 Dunnell, Dig. & Supp. §§ 3575, 3593e), or where there is a recovery for her wrongful death by asserting a claim therefor against the fund recovered (Prescott v. Swanson, 197 Minn. 325, 267 N. W. 251). The husband’s personal liability for the expenses of his wife’s burial results as directly and proximately from the wrongful act causing her injuries and death as do the expenses for treatment, care, and nursing, and is in no way lessened or otherwise affected by his right to reimbursement.