3372 ARTICLE 93

It is within the discretion of the court to allow funeral expenses not to exceed the
maximum mentioned in this section; hence, such matter is not a proper subject for
issues. Maynadier v. Armstrong, 98 Md. 180. And as to funeral expenses, see Wethered
v. Safe Deposit Co., 79 Md. 160; Lentz v. Pilert, 60 Md. 300; Shaeffer v. Shaeffer,
54 Md. 684.

This section limits funeral expenses to $300. Orphans' court may not, after having
allowed an amount for funeral expenses in excess of $300, make an additional allowance
for tombstones. Quaere, is husband's estate liable for funeral expenses of a wife
who survived him? McComas v. Wiley, 135 Md. 588 (decided prior to act, 1922, ch. 329).

A husband as executor of his wife's estate will not be allowed for funeral expenses,
medical attendance and tombstone—see notes to art. 45, sec. 21. Stonesifer v. Shriver,
100 Md. 30.

As to funeral expenses, see also art. 16, sec. 242.

Generally.

There is no inconsistency between provision of this section re. the allowance of
extraordinary expenses (not personal) and sec. 365 of District of Columbia Code.
Brosnan v. Fox, 284 Fed. (Ct. Apps. D. C.) 926.

Cited in Frank et al. v. Warehime, Daily Record, July 7, 1939.

Cited in connection with payment of part of industrial life insurance policy for
funeral expenses of insured. Norris v. Life Ins. Co., 169 Md. 578.

Cited in Goldsborough v. DeWitt, 171 Md. 266.

Cited in dissenting opinion in Fay v. Fay, 172 Md. 581.

Cited but not construed in State v. Casualty Co. (Judge McLanahan, Baltimore
City Court), Daily Record, Oct. 18, 1939.

Cited but not construed in Winder v. Diffenderfer, 2 Bl. 207; West v. Smith, 8
How. 412.

See secs. 8, 69, 78 and 100.

Taxes are a preferred debt—art. 81, sec. 150.

1933, ch. 69.

6. Whenever any married woman dies, or shall have died, her estate,
providing it be solvent, shall be liable for the payment of her funeral ex-
penses, to be allowed in the discretion of the Court according to the con-
ditions and circumstances of the deceased, not to exceed Three Hundred
($300) Dollars, except by special order of court. It shall be the duty of the
executor or administrator of such a deceased wife's estate to pay said
funeral expenses out of her estate and to thereafter collect from the de-
ceased wife's surviving husband a sum sufficient to reimburse said de-
cedent's estate for the amount so paid out of it to cover said funeral ex-
penses. The provisions of this sub-title are not intended to relieve a sur-
viving husband of his liability for the payment of his deceased wife's
funeral expenses, but is intended to make a deceased wife's estate, pro-
viding it be solvent, a primary source from which her funeral expenses
may be paid.

Advancement for funeral expenses by administratices of a married woman entitles
them to reimbursement from estate and does not relieve husband from liability to
reimburse estate; when husband liable for medical expenses, etc. Anderson v. Carter,
175 Md. 540.

1937, ch. 441.

7. For legal services rendered by an attorney at law to an estate, the
Orphans' Court may on his own petition allow such attorney such sums
as it may deem reasonable as an expense in the administration account of
the Executor or of the Administrator during whose encumbency such
services were rendered.

An. Code, 1924, sec. 6. 1912, sec. 6. 1904, sec. 6. 1888, sec. 6. 1798, ch. 101, sub-ch. 14,

sec. 5. 1847, ch. 230.

8. If anything be bequeathed to an executor by way of compensation,
no allowance of commissions shall be made unless the said compensation