Charles A. Benedict, Respondent, v. Amelia Ferguson, Appellant

Charles A. Benedict, Respondent, v. Amelia Ferguson, Appellant. Mcecutor and administrator—personal liability of, for the funeral expenses of his decedent. A personal representative having sufficient assets in his hands is personally liable for the funeral expenses and interment of his decedent, to such an extent as was suitable to the decedent’s station and rank. < A complaint which states that the plaintiff, an undertaker, buried the body of a decedent, furnished materials and expended money in connection with such burial, all of which were necessary and of the reasonable value of $347.25; that thereafter letters of administration upon the estate of the decedent were issued to the defendant, who received assets of the estate in excess of §800, and avers a demand for payment and a refusal, contains every requisite of a good cause of action against the defendant individually. Appeal by the defendant, Amelia Ferguson, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 29th day of October, 1896, upon the decision of the court rendered after a trial at the New York Special Term overruling her demurrer to the ¡ilaintiff’s complaint. This appeal was transferred from the first department to the second department. James E. Hopkins, for the appellant. John L. Kirk, for the respondent. [MAJORITY — Hatch, J.:] Hatch, J.: The complaint in this case is sufficient to resist the demurrer. Its averments are that the plaintiff is an undertaker; that, as such, he buried the body of defendant’s brother, furnished a casket and other necessary materials, performed services and expended moneys in connection with the burial, all of which was necessary and reasonably worth the sum of $247.25; that thereafter letters of administration were issued upon the estate of the deceased to the defendant in the action; that she duly qualified as administratrix and received assets of the estate in excess of the sum of $800; averred demand for payment and refusal, and demanded judgment for the said amount, with interest. The grounds of demurrer are two : First, that the action cannot be maintained against the defendant individually. 'Second, that the complaint does not state facts sufficient to constitute a cause of action. The questions presented are settled by authority. In a very satisfactory opinion by Judge F. J. Daly, the rule was laid down that, where the personal representative has sufficient assets in his hands, he is personally liable to pay for the funeral expenses and interment of the deceased to such extent as is suitable to his station and rank in life. (Rappelyea v. Russell, 1 Daly, 214.) This case has been approved by other courts (Lucas v. Hessen, 13 Daly, 347; Kessell v. Hapen, 8 N. Y. St. Repr. 352), and the same doctrine held by others. (Patterson v. Patterson, 59 N. Y. 574; Murphy v. Naughton, 68 Hun, 424.) Every requisite of a good cause of action is found present in this complaint. It follows that the judgment should be affirmed, with costs, with leave to the defendant to answer within twenty days on payment of costs. All concurred. Judgment affirmed, with costs, with leave to the defendant to answer within twenty days on payment of costs.