The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-12-07
WHO is TO PAY FOR The WAKE?
APPELLATE TERN OF SUPREME
COURT LISTENS no LORE.

Whether a mans estate Ia chargeable
with the cost of his wake is a question now
before Justices Amend, MacLean and
Giidersleeve, sitting in the Appellate Term
Of the Supreme Court, where appeals are
heard from decisions rendered in the City
and Municipal courts. To help them out
the Justices have before them a brief con-
tanning much lore about the history. origin
and practice OF waking the dead, with
quotations from Virgil down to Samuel
Lover.
When Peter Mccullough died nearly three
years ago his nephew, Joe Mccullough,
and the widow decided that a wake should
he held and that the old mans money should
provide the necessaries. IL cost s7l.25 to
get all that Joe thought necessary, and as
he couldn't touch the uncle's money yet
Joe willingly bought the stuff himself and
decided to wait for his money. The old
man was wealthy, and his executors would
surely do the right thing, thought Joe.
So he bought as follows:
Three bottles Of rye whiskey, 1915; 2
bottles OF Irish whiskey, 50; 2 bottles OF
Scotch whiskey, 81; 400 cigars, SIS; ? bottles
rye whiskey. $50; 1 bottle OF port wine,
81. so; 1 bottle OF sherry wine, 81 rs; ? boxes OF
soda, 81: bread, rolls and cake, s2.4o; milk,
so cents.
The plaintiff says he also provided 20
pounds OF ham. costing IS. as; 10 pounds OF
corn beef, So; 4 boxes Of beer, IS; steaks and
other meats, $3.50, and other articles OF
food.
The mourners had a good time, and
Peters memory was walked as befitted his
age and station. When Joe came to look
for his money the executors, Charles Nc
Cready and Richard s. Treacy. said Joe
had no right to spend his money in such a
way. 1t wasn't proper, they said. and
anyway no court would approve OF the
things he had bought. Joe could hardly
understand them and made them repeat
their refusal several times. Then he saw
a light and a lawyer, and the executors
saw a lawsuit ahead.
Joe's suit came before Municipal Justice
Hoyef. and, much TO Joe's surprise. that
good Irishman dismissed the complaint.
Joe argued the matt er over with his lawyer.
William F.. Clare. onCe more and then de-
termined TO make a fight for the principle
of wakes. if for nothing else.
So now the appeal from Justice Hoyer's
determination is before the grave and
reverend Judges Of the Appellate Term.
And TO help them consider the whole matter
in a truly historical and learned light
Lawyer Clare prepared a brief that is far
less wearisome to read than the usual
cut and dried collection of citations and
excerpts from long forgotten decisions.
Mr.. Clare says that wakes are necessary,
that they have come down from ancient
times. and without them some people
would never think themselves properly
buried. or even dead. He quotes Web
ster's definition Of a wake as the sitting
up of a person with a dead body, often
attended with a degree of festivity." He
4 ~. 49, Al..lI - 10 A.
pected to sit up night and day without
proper food and refreshment, particularly
of the kline that is stimulating TO body
and mind.
Back in Virgil's time. according to Dry.
den, they had wakes. says Mr.. Clare. and
he quotes:
By thousands followe d through the fow'ry
plain.
To great Anchises' tomb, which when he
found
He poured to Bacchus on the hallowed ground
Two bowls of sparkling wine, of milk two
more.
And two III ON offered bulls, of purple gore.
The pious Prince, surprised at what he viewed.
The funeral honors with new zeal renewed.
Five sheep. according to the rites he slew.
As many swine and steers OF sable hue.
Shakespeare, in Hamlet, mentions the
baked meats in Act l., Scene ?:
H~dmIet-Thrift, thrift, Horatio: the funeral
baked meats did coldly furnish forth the
maria ge table.
Ireland is not alone in having wakes in
modern times, says Mr.. Clare, for in Wa les
and other countries such feasts are com =
mon.
Charles Levers description of an Irish
wake in tom Burke of Ours" Is also drawn
upon by Mr.. Clare.
The long, low parlor was filed with peo-
ole, few of whom ! had seen before,
The table and sideboard were covered with
. profusion I had never witnessed previously.
Decanters of wine passed freely from hand
to hand.
Scott. in ~Ivanhoe." describes a funeral
banquet, and Mr.. Clare has Incorporated into
his brief this excerpt:
All around the castle was a scene of busy
connection, for such funeral banquets were
times Of general and proper hospitality y.
. . . In one place cooks were toilin ITO roast
huge oxen and fat sheep. In another hogs
heads of ale were set abroad to be drained at
the freedom Of all corners a" The wealth
and consequence Of the deceased Athclstane
occasioned this custom to be observed to the
fullest extent.
And last. but not least, in the immortal
Handy Andy" occurs tn : passage:
While all these preparations were goin'
forward the waking" was kept up g
eating and drinking in profusion went on
in the house. The feats Of sports and arms
Of the man who had passed away were lauded.
. There weretwo hogsheads of whiskey
drunk at my fathers wake. but a moderate
boast Of a true Irish squire Atty years ago.
r,,o ACKNOWLEDGEMENT o,,bher Comnany IN.