Judgment for “Necessaries” Denied

Judgment will not be entered against surviving spouse for “necessaries” when the creditor did not bring suit against the contracting spouse, did not attempt to obtain letters of administration for the estate of the deceased contracting spouse and did file any claim against the estate, and so cannot show that the estate is insolvent, as required by 23 Pa.C.S. § 4102.  Ridge MD Leasing Co. LLC v. Whittington, 7 Fid.Rep.3d 151 (Franklin Co. C.P. 2017).

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