In re the Estate of Grasso

Penney, S.

This proceeding is brought by petitioner undertaker

under section 216 of the Surrogate’s Court Act to compel the payment of decedent’s funeral bill in the sum of $425 and is opposed by respondent Department of Public Welfare of the City of Oswego on the ground that under the provisions of section 129 of the Public Welfare Law (now Social Welfare Law, § 105) in effect at the date of decedent’s death, respondent has a preferred claim after funeral expenses not exceeding $125 for relief moneys advanced to decedent in her ifetime.

The facts are undisputed. Decedent died January 9, 1941,…