Estate of Deceased Person—Claim Based on Building Contract—• Necessity of Presentation—Payment.—The amount due on. a building contract made by a decedent, whether accrued or contingent, is a proper subject of claim against his estate, but the demand, if not presented as a claim within the time limited, is barred, and no action thereon can be maintained, in the absence of such presentation. Neither he, nor a devisee of the building who has assumed to pay for its completion, can compel the executor to pay such demand.

Id.—Voluntary Payment by Devisee of Building.—Where a devisee of a building in process of erection, upon the refusal of the executor to make proper expenditures from the estate to insure its preservation, individually pays for the same, such payment must be regarded as voluntary, and the devisee cannot recover the amount thereof from the estate.

Id.—Expenditures for Preservation of Building—Completion of Building.—It is within the province of an executor to make such expenditures on a building which was being erected by the decedent at the time of his death as may be reasonably necessary to preserve it ponding administration. It is not his duty to complete the building.

Id.—Devise of Land and Building—Direction for Completion.—A devise of real property, described in the will as being property on which “is situate a cottage in course of construction,” cannot be construed as a direction by the testator that the completion of the building should be a charge upon his estate.

Id.—Duty of Executors to Complete Contracts of Testator—House Being Erected by Day’s Labor.—While it is the duty of executors to perform valid and uncompleted contracts which have been entered into by their testator, they are not called on, nor have they the right, to expend the funds of the estate for the doing of new work which the testator himself was not bound to do. Such expenditure, unless incurred for the preservation of the property of the decedent, is not a charge upon the estate. This rule applies to a building which was being erected by the testator by day’s labor, as to which there were no unfinished contracts outstanding. The fact that the testator believed that the building was substantially completed is immaterial.

Id.—Funeral Expenses Paid by Third Person—Estate Should Bepay.—Money paid for the funeral expenses of a decedent, by one not acting officiously, if reasonable, considering the estate of the deceased and the circumstances surrounding the death and burial, should be repaid by the estate to the party paying them.

Id.—Payment in Compliance with Supposed Contract—Voluntary Payment.—Money so paid, in compliance with what the payer thought to he a contract with the deceased obligating her to do so, in consideration of the deceased giving her a lot with a completed building thereon, will not be deemed a voluntary payment, if the payer, at the time of payment, was ignorant of the facts that the building was uncompleted and that no such deed of gift had been made, and the will directed the funeral expenses to be paid from the estate.

Id.—Request op Testator Made to Third Person—Removal op Remains op Relatives.—A request made by a testator of a third person to remove to his burial plot the remains of certain of his relatives and to erect a monument over his grave, is not binding upon his executors.