FUNERAL EXPENSES. Money ex pended 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 insol vent, 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. 298 ; Holt, 309 ; Comyn, Contr. 529 ; 1 Hawks, No. C. 394; 13 Viner, Abr. 563.
3. Frequent questions arise as to the. amount which is to be allowed to the exe cutor or administrator for such expenses. It is exceedingly difficult to gather any certain rule from the numerous cases which have been decided upon this subject. Courts of equity have taken into consideration the cir cumstances of each case, and when the ex ecutors have acted with common and in obedience to the will, their have been allowed. In a case where the tes tator 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. Ch.,
119. In another case, under peculiar cir-, clan stances, six hundred pounds were allowed. Chant. Prec. 29. Ina 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. & R. Penn. 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. Ch. 90. See 2 Blackstone, Comm. 508 ; Godolph. p. 2; 3 Atk. Ch. 249 ; Bacon, Abr. Executors, etc. (L 4); Viner, Abr. Fu neral Expenses.