Payment of the Undertaker's Bill v. Wingersky

Fowler, S.

This is a proceeding by the undertaker, under section 2729 of the Code of Civil Procedure, to compel the administrator to pay the funeral expenses of the late Wulf Wingersky.

Again, as is common in these matters, the legal theory upon which a recovery is sought in this proceeding is not precisely set forth, and the surrogate must satisfy himself of the validity of some relevant legal theory which justifies granting the relief sought.

The funeral of Wulf Wingersky was contracted for, not by an executor or an administrator, but by a third person— to be sure a relative of the deceased,…