Phillips v. First Nat. Bank

Under our statute ■{section 2597, Code 1907), funeral expenses are made the first preferred claim against the assets of a decedent’s estate.

But, independent of any statute—

“Funeral expenses, says Lord Coke, according to the degree, and quality of the deceased, at common law were allowed of the goods of the deceased, before, any debt or duty whatever, and his burial was the first duty of an executor. If there was no executor, or if he was unknown, or not at hand, a friend or a stranger may attend to the duty, and bury the deceased in a manner suitable to the estate he leaves behind him; and…