In re Estate of Weringer

This is an appeal from a decree settling an annual account of the administrator.

Among the items allowed were the following: “Dr. Cook, medical services last illness, $45.50; Dr. Fergus-son, same, $10.50; Dr. Rogers, same, $50; Blodget & Dudley, drugs, $18.35; Mary Dougherty, nurse last illness, $25.” We think the objections to these items were properly taken by the contestant, and that they were improperly allowed. (Civil Code, sec. 174; Gerlach v. Terry, 75 Cal. 290 .) The administrator testified as follows: “Before and at the time that my said wife, Lucy Weringer, died, I was engaged in business in Bakersfield, and was handling large sums of money. I also owned considerable valuable real estate and personal property. I called in the doctors to attend to my wife during her last illness. The nurse, Mary Dougherty, I hired to wait upon and care for my wife during her last illness.”

At common law the husband was bound to bury his deceased wife in a suitable manner, and was bound to defray the necessary funeral expenses. Although the rule is not universal in this country, it prevails in most of the states. (Schouler’s Domestic Relations, sec. 199.) The duty is one which is…