Estate of Koppikus

This is an appeal from an order and judgment directing a sale of real estate.

Emma Koppikus died testate March 31, 1903, leaving her surviving her husband, Henry G. Koppikus, her sole heir.

The reasons for the sale as set up in the petition, and found by the court, are to pay commissions of executor, $280; attorneys’ fee, $250; for erecting a monument over the grave of testatrix, etc., $1,000; and for paying $100 to keep the grave, etc., in repair, making a total of $1,630; and that the personal property is not sufficient to pay these amounts.

The court below made an order directing tkB sale to be made, and this is complained of and objected to on the following grounds: 1. That the direction in the will as to monument over the grave of testatrix is an attempt on the part of testatrix to dispose of her dead body by will, and is not a proper funeral expense; and 2. That there is no grave of testatrix wherein the remains of the said Emma Koppikus are interred, and that the remains were, by her said husband, caused to be cremated, and the ashes are not in the cemetery.

The court made findings, among which are the following, bearing upon the matters tried. The will is set out in…