St. Paul daily globe., 1895-09-22
JUDGE WILLRICH SCORES THE
CUSTOM OF SO MUCH EX-
PENSE.
ARE A BURDEN TO WIDOWS.
FRIENDS USUALLY THINK MORE
OF MAKING A SHOW THAN
ANYTHING ELSE.
TOO MUCH ExTRAvAGANCE
The Court Explains why He Caus-
tically Refers to the
Matter.

In decision filed in the probate
court yesterday Judge Willrich takes
occasion to score the custom of ex-
pensive funerals for persons leaving
small estates. The matter under con-
sideration was claim Of $45S by Edgar
A. Fradenburgh against the estate of
his deceased wife, Carrie Rose Fraden-
burgh. The claim was for medical
treatment for deceased during her last
illness and funeral expenses after her
death, the husband having paid the
bills, though he is not the executor of
the estate, which is a large one, nor
beneficiary to any great extent under
the will, Notwithstanding the fact that
there are no children.
The executor opposed the allowance
of the claim, chiefly on the ground that
husband is bound under the law to
provide medical attendance for his wife
and defray the expense of burial after
her death, and also on the ground that
1t was not a subject over which the
probate court had any authority.
The court holds that the item of fu-
neral expenses is proper one for the
probate court to pass upon, but not
until the executor presents his final
account, as he is the one who is sup
posed to pay it. But the expenses of
medical attendance, he holds, cannot be
c1aSSed with that of funeral expenses,
because the former was an obligation
incurred before the death of deceased.
He holds further, that it is just as
proper charge against the estate of
a deceased wife as it would be against
that Of a deceased husband, for the
reason that in this estate both have
the same property rights under the
law. An item of $25 claimed by the hus-
band for a foot stone placed over his
wife's grave Is disallowed.
Referring, in his memorandum, to
the contention of the counsel for exec
utor that the probate court has moth
ing to say about the allowance or dis
allowance Of claims for funeral eX-
penses, Judge Willrich says:
'"This would be indeed a very dam
gerous and mischievous doctrine. The
great trouble in the past has been that
probate courts have not sufficiently
exercised the right to scrutinize and
cut down the enormous and extrava
CANT bills for funeral expenses. These
funeral expenses have gradually be-
come a burden to widows and orphans.
A surviving family, Immediately upon
the death of a father or mother, is not
in a position, for obvious reasons, to
carefully manage about the funeral ex
penses, but all arrangements are left,
as rule, to be made by those whose
main object it is to make a great and
pompous show.
"As result, there has been need
less, useless and ruinouS extravaganza
in the ordering of caskets entirely too
costly, and carriages too numerous, ,oc-
cupied by people more eager for a free
ride to the cemetery than animated by
a sincere regard for. the deceased.
This useless extravaganza, which has
but taken the place of the savage
feasts of former ages, ought to be dis
couraged, and it is for the probate
courts to do so by keeping down en-
penses for funerals. The courts must
aid the family of the deceased, for
families would not in most cases have
the moral courage to overcome vi
cious custom, which has robbed wild
ows and orphans, especially in the
great number of small estates.
eff the court had not seen so much
of this extravaganza and excessive ex-
penditure on funerals and the disaS-
trous effects upon estates, it would not
have taken this opportunity to make
such extended comments. But it be-
came necessary and timely, especially
when such bold proposition of law is
announced by most able counsel, de-
nying the right of the probate court to
pass upon expenses of this Sort