Simons & Son v. Zimmer

Simons & Son, undertakers, sought an order directing the executrix of the will of Margaret Kelly to pay *486them the amount of their bill for funeral expenses. The motion was denied.

Margaret Kelly died testate at Muirdale Sanitarium, Wauwatosa, on April 11, 1922. On the same day the following telegram was sent to Mrs. William Breuning, Lodi, Wisconsin, by the superintendent of nurses: “Will you take care of body of Mrs. Kelly. Mrs. Z. will not be responsible for costs of burial.” Mrs. Breuning secured the services of Simons, who proceeded to Wauwatosa and superintended the preparations for burial…