Judges: McCulloch
Filed Date: 7/6/1925
Status: Precedential
Modified Date: 10/19/2024
Appellee's decedent, W. C. Greathouse, died in Greene County, Arkansas, on March 12, 1923, leaving surviving his widow, Emily C. Greathouse, and several children and leaving a last will and testament, by which he devised to his wife, Emily C., his lot and dwelling house in the city of Paragould "for and during her natural life, and at her death, if undisposed of, then to my heirs hereinafter named," and also bequeathed to her "all the household and kitchen furniture, beds and bedding, cooking utensils, etc., now used by us in keeping house and the sum of $135 in money." Directions were made in the will for the payment to a lodge of Odd Fellows the sum of $100 out of the proceeds of a life insurance policy, and the will contains a residuary clause devising and bequeathing the residue of the estate to the children and grandchildren of the testator. The will also contains a clause conferring power upon the devisee, Emily C. Greathouse, to mortgage the property devised "if necessary to raise money for her reasonable support and maintenance during her natural life." No appointment of an executor was made in the will.
The next day after the burial of deceased the widow, Emily C. Greathouse, paid the necessary funeral expenses, amounting to $210. She died on October 12, 1923, and appellant was appointed administrator of her estate. The claim was presented by appellant for the estate of his decedent against the estate of W. C. Greathouse, appellee having been appointed administrator of that estate, and the claim was allowed and classified by the probate court, but on appeal to the circuit court the trial of the issues resulted in a judgment in favor of appellee and against appellant for the allowance of the claim. *Page 175
It goes without question that the estate of a decedent is chargeable for the reasonable and necessary expenses of interment of the body — a ceremonial interment in keeping with the circumstances and standing of the deceased when in life. The duty rests upon some of the living to see that the right of decent burial is provided, and from this duty springs a legal obligation of the decedent's estate to pay the expenses. Patterson v. Patterson,
The judgment of the circuit court was therefore erroneous, and the same is reversed and the cause remanded for a new trial.