FUNERAL EXPENSES. Money expended1 in procuring2 the interment of a corpse3.
2. The person who orders the funeral is responsible personally for the expenses, and if the estate of the deceased should be insolvent4, he must lose the amount. But if there are assets sufficient to pay these expenses, the executor or administrator5 is bound, upon an implied assumpsit, to pay them. 1 Campb. N. P. R. 298; Holt, 309 Com. on Contr. 529; 1 Hawke's R. 394; 13 Vin. Ab. 563.
3. Frequent questions arise as to the amount which is to be allowed to the executor or administrator for such expenses. It is exceedingly difficult to gather from the numerous cases which have been, decided6 upon this subject, any certain rule. Courts of equity7 have taken into consideration the circumstances of each case, and when the executors have acted with common prudence8 and in obedience9 to the will, their expenses have been allowed. In a case where the testator directed that his remains10 should be buried at a church thirty miles distant from the place of his death, the sum of sixty pounds sterling11 was allowed. 3 Atk. 119. In another case, under peculiar12 circumstances, six hundred pounds were allowed. Preced. in Ch. 29. In a case in Pennsylvania, where the intestate left a considerable estate, and no children, the sum of two hundred and fifty-eight dollars and seventy-five cents was allowed, the greater part of which had been expended in erecting13 a tombstone over a vault14 in which the body was interred15. 14 Serg. & Rawle, 64.
4. It seems doubtful whether the hushand can call upon the separate personal estate of his wife, to pay her funeral expenses. 6 Madd. R. 90. Vide 2 Bl. Com. 508; Godolph. p. 2 3 Atk. 249 Off. Ex. 174; Bac. Ab. Executors, &c., L 4; Vin. Ab. h. t.
FUNGIBLE. A term used in the civil, French, and Scotch16 law, it signifies anything whatever, which consists in quantity, and is regulated by number, weight, or measure; such as corn, wine, or money.. Hein. Elem. Pand. Lib. 12, t. 1, §2;.1 Bell's Com. 225, n. 2; Ersk. Pr. Scot. Law, B. 3, t. 1, §7; Poth. Pret de Consomption, No. 25; Dict. de Jurisprudence, mot Fongible Story, Bailm, §284; 1 Bouv. Inst. n. 987, 1098.
FURCA. The gallows17. 3 Inst. 58.
FURIOSUS. An insane man; a madman; a lunatic.
2. In general, such a man can make no contract, because he has no capacity or will: Furiosus nullum negotium genere potest, quia non intelligit quod agit. Inst. 3, 20, 8. Indeed, he is considered so incapable18 of exercising a will, that the law treats him as if he were absent: Furiosi nulla voluntas est. Furiosus absentia loco est. Dig. lib. 1, tit. ult. 1. 40, 1. 124, §1. See Insane; Non compos mentis.
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