Andrade v. Azevedo

TYLER, P. J.

Subrogation.—Funeral expenses paid by heir. Liability of Estate for.

Plaintiff and respondent bases her cause of action on the doctrine of subrogation. The facts show that Manuel Francisco Azevedo died intestate, leaving four children all between the ages of forty and fifty years. They are Inez Andrade, plaintiff and respondent herein, Isabella Perry, Manuel Francisco Azevedo, Jr., and J. F. Azevedo, appellant and

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defendant herein. Shortly before his death the father told his daughter Inez Andrade that he wanted her to take charge of his affairs after his death. On the evening following their father’s death all of the children met at the father’s home to discuss funeral arrangements, at which time Inez Andrade told the others of her father’s request that she take charge of his affairs. On the following day Inez and J. F. Azevedo, defendant herein, visited an undertaker to make arrangements for the funeral. The arrangements were similar to those made for their mother’s funeral, who had been buried a short time previous by this same undertaker. The deceased had expressed the desire to have the same character of funeral that had been furnished for his wife. Defendant knew the cost of the same. After the funeral Inez Andrade, believing that she would be appointed administratrix of her father ’s_ estate, paid the bill of a nurse who had attended his last illness. This bill amounted to the sum of $10. She asked her brother Manuel Francisco Azevedo, Jr., to advance money for other expenses, which he did. Thereafter the brother J. F. Azevedo, defendant and appellant herein, contested her petition for letters of administration, and he was appointed administrator of the estate. Within the time limited for the presentation of claims to the estate Inez Andrade filed a claim containing an item of $7, the amount of the filing fee for letters, and another item of $10, which she had paid for the nurse’s services. Manuel Francisco Azevedo, Jr., filed claims as follows: $814, paid the undertaker; $144, paid the doctor who had administered to the father in his last illness; $46.70 to a sanatorium where the father died, and $52 for flowers. These claims were all rejected. Thereupon Manuel Francisco Azevedo, Jr., assigned his claim to his sister, who filed this action.

The third amended complaint shows six counts covering the items referred to. A demurrer was sustained to the first count relating to the filing fee, and the ease went to trial on the remaining counts.