In re the Estate of Lanza

Wingate, S.

The present proceeding by an undertaker for summary payment of his bill for conducting the funeral of the deceased is typical of an apparently increasing number of similar applications. Since the petition upon which the relief is sought is fatally defective in certain particulars which are by no means uncommon, it may be of some general utility to point out the essential prerequisites to such relief.

The subject is regulated by section 216 of the Surrogate’s Court Act, as amended by chapter 439 of the Laws of 1933. This enactment establishes that “ the reasonable funeral expenses of…