Pafford v. Hinson & Co.

1. “When a married woman dies leaving a husband surviving her, the husband is primarily liable,' and not the estate of the deceased, for the payment of her funeral expenses.” The wife may by will expressly provide for the payment of such expenses from her estate, but in the absence of such a testamentary provision her estate can not be held liable for such a charge. Kenyon v. Brightwell, 120 Ga. 606 (3), 613 (48 S. E. 124, 1 Ann. Cas. 169).

2. Notwithstanding the rule stated above, a creditor may expressly contract with and extend credit to a third person for items of funeral expense furnished…