Allsworth v. Scully

This is a civil action to recover expenses for the funeral and burial of the defendant’s intestate through the enforcement of an alleged lien on real estate of said intestate. It was tried to a superior court justice on an agreed statement of facts. The ease is before us on the plaintiff’s appeal from the entry of judgment for all defendants.

The undisputed facts establish that Mary W. Allsworth, wife of William H. Allsworth, died on January 2, I960; and on January 18, 1960, the surviving spouse paid the funeral bill and burial expenses amounting to $1,115, which charges were reasonable.

They…