Smith v. Elliott & Sons

1. Where a married woman died leaving a husband surviving her, the husband was primarily liable for her necessary funeral expenses, and this is true although the husband may have died on the same day but after the death of the wife and the items furnished for his wife’s funeral may have been supplied at the instance of a third person. The same rule of liability would apply as against the estate of the husband, where the wife predeceased him, even though the goods were not ordered or furnished until after the husband’s death. Kenyon v. Brightwell, 120 Ga. 606 (3) (48 S. E. 124, 1 Ann. Cas.…