Kosanke v. Kosanke
| Decision Date | 01 June 1917 |
| Docket Number | 20,307 - (113) |
| Citation | 162 N.W. 1060,137 Minn. 115 |
| Parties | GUSTAVE KOSANKE v. EMILY KOSANKE |
| Court | Minnesota Supreme Court |
In the matter of the estate of Herman Kosanke, deceased, in the probate court for Ramsey county, Emily Kosanke presented her claim for $365. From an order allowing the claim, Gustave Kosanke, as executor of the last will and testament of Herman Kosanke, deceased, appealed to the district court for that county, where the appeal was heard before Orr, J., who affirmed the order of the probate court. From an order denying his motion for judgment notwithstanding the decision or for a new trial, Gustave Kosanke appealed. Affirmed.
Husband and wife -- liability for necessaries for their family.
1. The statute making both husband and wife liable to third parties for necessaries furnished the family does not change the rule that, as between husband and wife, the duty to furnish such necessaries rests upon the husband.
Husband and wife -- when wife may claim reimbursement from husband's estate.
2. Where the wife pays for such necessaries out of her own funds as a contribution toward the family expenses and without expecting reimbursement therefor, she is not entitled to recover the amount so paid from the estate of her husband but where she makes such payments without an understanding that they are a contribution by her toward such expenses, for which no reimbursement is expected, she may recover the amount thereof from his estate.
John C Zehnder, for appellant.
T. P. McNamara, for respondent.
Plaintiff and Herman Kosanke were married in the fall of 1913, and lived together as husband and wife until his death in January, 1915. Both were well advanced in years at the time of the marriage and both possessed property. By an ante-nuptial agreement plaintiff relinquished all rights in the property of Herman growing out of the marriage relation. Herman left a will giving his property to his children by a former marriage. During the time they were living together as husband and wife, plaintiff voluntarily paid, out of her own funds, bills for household necessaries aggregating the sum of $500, and during this time Herman repaid to her sums aggregating $135. She filed a claim against his estate for the balance of $365. The executor contends that this is not a valid claim against the estate, for the reason that she voluntarily contributed this money toward the household expenses. He argues that as section 7146, G.S. 1913, makes husband and wife "jointly and severally liable for all necessary household articles and supplies furnished to and used by the family," she was merely paying her own debt and is not entitled to reimbursement therefor. Although this statute makes both husband and wife liable to third parties for such necessaries, it...
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