Money expended in procuring the interment of a corpse.
2. The person who orders the funeral is responsible personally for the expenses, and if the estate of the deceased
should be insolvent, he must lose the amount. But if there are assets sufficient to pay these expenses, the executor or administrator
is bound, upon an implied assumpsit
, to pay them. 1 Campb. N. P. R. 298; Holt, 309 Com. on Contr. 529; 1 Hawke's R. 394; 13 Vin. Ab. 563.
questions arise as to the amount which is to be allowed to the executor or administrator for such expenses. It is exceedingly difficult to gather from the numerous cases which have been, decided upon this subject, any certain rule. Courts of equity
have taken into consideration the circumstances of each case, and when the executors have acted with common prudence
and in obedience
to the will, their expenses have been allowed. In a case where the testator directed that his remains should be buried at a church thirty miles distant from the place of his death, the sum of sixty pounds sterling was allowed. 3 Atk. 119. In another case, under peculiar
circumstances, six hundred pounds were allowed. Preced. in Ch. 29. In a case in Pennsylvania, where the intestate left a considerable estate, and no children, the sum of two hundred and fifty-eight dollars and seventy-five cents was allowed, the greater part of which had been expended in erecting a tombstone over a vault
in which the body was interred. 14 Serg. & Rawle, 64.
4. It seems doubtful whether the husband can call upon the separate personal estate
of his wife, to pay her funeral expenses. 6 Madd. R. 90. Vide 2 Bl. Com. 508; Godolph. p. 2 3 Atk. 249 Off. Ex. 174; Bac. Ab. Executors, &c., L 4; Vin. Ab. h. t.