In re Estate of Weringer

Citations

• 100 Cal. 345
• 34 P. 825
• 1893 Cal. LEXIS 796

Syllabus

<p>Estates of Decedents—Duty of Husband to Pay Expenses of Last Illness of Wife—Account of Wife’s Administrator.—It is the duty of a husband to pay the expenses incurred for medical services for his wife during her last illness, if he is able to do so, and the allowance of such expenses against her estate in the account of her administrator is improper.</p> <p>Id.—Funeral Expenses—Monument Over Wife’s Grave.—It is the duty of a husband to bury his deceased wife in a decent manner and defray the necessary funeral expenses, and place some mark of identification over her grave; yet if the husband be poor, and the deceased leaves a considerable estate, it is proper for the court to fix a reasonable amount to be allowed out of her estate toward funeral expenses and a suitable monument. The amount allowed therefor should be governed by the custom of people of like rank and condition in society, a distinction being made between solvent and insolvent estates.</p> <p>Id.—Family Allowance—Voucher—Presumption Upon Appeal.—An item in the account of an administrator for payment of a family allowance in one sum cannot be disturbed upon appeal merely from the absence of a voucher, which may be owing to an order of court, authorizing payment of the amounts named, in which case no voucher is required. Error must be shown, and cannot be presumed.</p>