case bertie against lord chesterfield at the roll the estate of a husband in  the possession of his devisee be liable to the funeral expense of the testator  wife although she live apart from he on a separate maintenance S c Eq ab the  plaintiff Mr bertie be desire as suggest in the bill but not prove by the late  earl of Caernarvon to see his lady bury and thereupon the plaintiff employ a  undertaker of funeral to bury the say lady expect to be repay what he shall  lie out in the funeral expense by the defendant the earl of Chesterfield to  who the earl of Caernarvon have devise six thousand pound ayear subject to the  payment of his debt but be refuse to pay the say charge the undertaker bring a  action at law against the now plaintiff and recover two hundred and seventy  pound for this burial thereupon the plaintiff exhibit a bill in this court  against the defendant to discover asset in his hand of the earl of carnarvon  estate and to subject the same to the payment of this money for the burial of  his lady it appear in this cause that there be a settlement of separate  maintenance make for this lady and that she have power to dispose it by will  and that accord she make a will and thereby devise several legacy to person  therein mention and constitute the now plaintiff executor thereof but it be  insist for he that settlement for separate maintenance shall never extend to  funeral charge and though the lady have make a will and the plaintiff modern  report executor yet it appear she have give away more than she have to dispose  it be say for the defendant that since the plaintiff be make executor and have  of his own accord take upon himself the burial of the testatrix there can be  no reason to charge the defendant for there can be no equitable charge on my  Lord carnarvon estate in the defendant hand unless the plaintiff be do fire to  oversee and take care of this burial of his lady and although that do not  appear to be the case yet because the plaintiff take nothing of her estate by  be make executor for she give away the whole in legacy it be decree that the  husband estate be subject by law to pay the funeral expense in bury the wife  therefore the plaintiff shall be reimburse out of Lord carnarvon estate in the  defendant hand together with his cost at law and in this court but his bill be  dismiss with cost as far as it relate to the undertaker who be make a party to  this suit