EXTRAVAGANT FUNERAL

New Zealand Herald, Volume LXX, Issue 21641, 6 November 1933, Page 6

EXTRAVAGANT FUNERAL

.UNDERTAKERS AWARDED £SO JUDGE'S COMMENTS ON COSTS "Although one of the defendants in this case, when arranging for the b.urial of-his wife, told the undertaker that he did nol; even have a 'razoo,' the funeral was carried out in a lavish and extravagant way, costing nearly £loo,'' said Judge Foster in a Melbourne Court rscently, when giving judgment in a dispute about liability for., and cost of a funeral. A firm of funeral directors claimed £9B 13s from Mrs. Emily Maud Robb and her son, Ivo K. Robb, for the burial of Ivo Robb's wife, in June, 1931. Evidence for the plaintiffs was to the effect that lvo Robb arranged for his wife to be buried in the Robb vault, saying that his mother would pay the expenses as she wished her daughter-in-law to have a good funeral. Mrs. Robb denied that the 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 his wife and not one costing nearly £IOO. He was willing to pay a fair and reasonable sum. Judg& Foster said that he had no hesitation in findjng that Ivo Robb did not contract for his mother with the 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 Mrs. Robb would make herself liable, and knowing this the funeral was carried out on a scale suitable for her.

There would he judgment for Mrs. Hobb on the claim against her, said the Judge. In respect to Ivo Kobb 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 told by Kobb himself.

"I shall award the plaintiffs a sum of £'so against Ivo Kobb," said Judge Foster, ''and in awarding that sum I have the comfortable feeling of knowing that the plaintiffs will not bo out of pocket."