COSTLY FUNERAL

Hokitika Guardian, 11 November 1933, Page 6

COSTLY FUNERAL

UNDERTAKERS -AWARDED £SO

JUDGE’S COMMENTS ON COSTS

MELBOURNE, Nov. 6.

“Although one of the defendants in this case, when’ arranging for the burial of his wife, told the undeitaker that he did not even have a ‘raaoo,’ the funeral was carried out in a lavish and extravagant way, costing nearly £100,” said Judge Foster when giving judgment in a dispute about liability for and cost of a funeral. A firm of funeral directors claimed £9B 13s from Airs Emily Aland Robb and her son, Ivo K. Robb, for the burial of- Ivo Robb’s wife, in June, 1931. Evidence for the plaintiffs was to tlie effect that Ivo Robb arranged for his wife to be buried in the Robb vault, saying that bis mother would pay the expenses as she wished her daughter-in-law to have a good funeral.

Mrs Robb denied that tlie work was carried out on her behalf. She said that the liability was her son’s. She wanted him to. pay it, but the charge was too high.

Ivo Robb said that he did not tell plaintiffs that his mother would pay for the'funeral. He had no money, and wanted an ordinary burial for bis wife and not one costing nearly £IOO. He was. willing to pay a fair and reasonable sum. „

Judge Fester said that be bad no hesitation in finding that Ivo Robh did not contract for his mother with tlie undertakers. Mrs Emily Robb was in no way liable for the funeral expenses. Ivo Robb admitted that he was, but thought that the price of £9B 13s was too high. It seemed, rightly ;or wrongly, that the plaintiffs hoped that Airs Robh would make lierself liable, and knowing this the funeral was carried out on a scale suitable for her. There would he judgment for Mrs Robb of the claim against her, said .the Judge. In respect to Ivo Rc-bb a sum would have to be decided on. The funeral was extravagant, . but the plaintiffs should not have undertaken such a burial when they knew that the woman’s husband had no money at the time, and had been tcld by Robb himself.

“I. shall award the plaintiffs a sum of £SO against Ivo Robb,” said Judge Foster, “and in awarding that sum I have the comfortable feeling of knowing that the plaintiffs will not be out of pocket.”