Donald v. McWhorter

Citations

• 44 Miss. 124

Syllabus

<p>1. Exeoutok and adsomstkatok — Eunebal expenses. — It is the duty of the executor or administrator, to bury the deceased in a manner suitable to his station and estate. Euneral expenses comprehend more than the mere shroud, coffin and grave; and where no injustice is done to creditors, a compliance with the last wishes of the dying, as to. the style and character of the funeral, if not extravagant or unreasonable, violates no principle of law:</p> <p>2. Same. — Where the deceased had expressed a desire that a tombstone should be erected at his grave, to he paid for out of his effects, and exacted from his step-son. (the administrator) a promise that it should be done, the assets of the estate being sufficient for that purpose, and the administrator, out of respect for tho memory of the deceased, did accordingly cause to be so erectod a suitable monument, to the value of $230; it was a legitimate expenditure, and he should he allowed the amount in his final settlement with the probate court.</p> <p>3. Same. — Although the proof shows that the intestate and his wife, both aged and infirm, had lived in the house of his step-son, the administrator, for several years before his death, and had roeeivod the kind and unremitting care and attention of himself and wife; yet, as it fails to show any argreement that the wife was to receive compensation for her care and attention, the probate court should not allow compensation therefor against the estate.</p>