EXECUTORS AND ADMINISTRATORS -- QUASI-CONTRACT LIABILITY OF DECEDENT'S ESTATE -- ADMINISTRATIVE EXPENSES AS A PRIOR CHARGE ON THE ESTATE

Authors

Ralph Winkler, University of Michigan Law SchoolFollow

Abstract

After the supply of feed for the decedent's livestock had been depleted and before the appointment of an administrator, the plaintiff furnished some grain at the request of the decedent's daughter and son-in-law, no other parties attempting to assist in any way. It was understood that the plaintiff would look to the estate for payment. In an action of contract against the administrator in his representative capacity for the value of the grain the court held that the plaintiff had a valid claim in quasi-contract against the estate, basing the decision upon "broad considerations of policy." Since the estate was insolvent, the court considered the plaintiff's claim as an expense of administration, thus entitling it to priority over "debts" as specified in the statute. Wilder Grain Co. v. Felker, (Mass. 1936) 5 N. E. (2d) 207.

Recommended Citation

Ralph Winkler, EXECUTORS AND ADMINISTRATORS -- QUASI-CONTRACT LIABILITY OF DECEDENT'S ESTATE -- ADMINISTRATIVE EXPENSES AS A PRIOR CHARGE ON THE ESTATE, 36 Mich. L. Rev. 144 (1937).
Available at: https://repository.law.umich.edu/mlr/vol36/iss1/16