Foley v. Bushway

Citations

• 71 Ill. 386

Syllabus

<p>1. Administrator—not liable on contract made by widow for a monument to the intestate. Where the widow of an intestate made a contract for the erection of a monument over the grave of her husband, to be paid for from his estate, the administrator can not be required to pa)' it.</p> <p>2. Such a contract does not purport to bind the estate, and even if it did, the widow has no authority to do so. It is her own contract, and she alone is bound by it.</p> <p>3. Nor does the fact that the administrator knew of the contract, and of the work being done, and made no objection, make him or the estate liable. The widow has a right to erect such a monument as she pleases, and it is not only not the duty of the administrator to object, but it would be impertinent in him to do so.</p> <p>4. Where a claim is made against an administrator for the erection of a monument to the intestate, and it appears that the work was done under a special contract with the widow of the deceased, the question as to whether the same was property a part of the funeral expenses, does not arise.</p> <p>5. Witness — competency. In a suit against an administrator tore-cover the price of a monument erected by the plaintiff over the grave of the intestate, under a contract made with the widow, the plaintiff is a competent witness, under the statute.</p>