Riley v. Waller

This action is against the executor as such for the value of work done and material furnished by the plaintiff in the actual burial of the 'testator. They were necessary to the burial and suitable in expense to the estate. They were done and furnished at the request !of the widow, but not upon her credit, or upon any contract, but upon the credit of the estate. The evidence of the defendant to show that she never ordered the work and material was excluded as irrelevant, the case being thus rested upon the proposition of law that nevertheless the estate is liable therefor, and the action was…