Gould v. Moulahan
New Jersey Superior Court Appellate Division
On appeal from an order of the Essex county orphans court. The order appealed from, discharged an order to show cause why sufficient lands of Mary E. Connolly, deceased intestate, should not be sold for the payment of her debts, which was made upon the petition of Robert S. Gould, the administrator of her-estate, to which petition was annexed an account which exhibits-that Mrs. Connolly did not leave any personal- property, and that the only claim against her estate is a…
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On appeal from an order of the Essex county orphans court. The order appealed from, discharged an order to show cause why sufficient lands of Mary E. Connolly, deceased intestate, should not be sold for the payment of her debts, which was made upon the petition of Robert S. Gould, the administrator of her-estate, to which petition was annexed an account which exhibits-that Mrs. Connolly did not leave any personal- property, and that the only claim against her estate is a bill, presented by J. B.. Dowling & Son, for the expense of her burial. It does not appear by whose direction that bill was…
1Opinion of the Court
The Ordinary.
Every person has the right to have his or her body, after-death, decently buried. Regina v. Stewart, 12 Ad. & E. 773; Chapple v. Cooper, 13 Mees. & W. 252; Patterson v. Patterson, 59 N. Y. 583; McCue v. Garvey, 14 Hun 562. The reasonable and necessary expense of according that right is chargeable to his or her estate. Patterson v. Patterson, supra. The duty of securing the right ordinarily rests with the personal representative, and if there be no such representative, or, if existing, the representative fails to act, the exigency of the situation will permit a proper third person…
2Cases cited2 opinions
- Cunningham v. ReardonMassachusetts Supreme Judicial Court · 1868
- Maxwell v. WhieldonMassachusetts Supreme Judicial Court · 1852
3Cited by4 opinions
- Bowen v. . DaughertySupreme Court of North Carolina · 1915
- Haeberle v. WeberNew Jersey Superior Court Appellate Division · 1959
- Quinn v. KoeckNew Jersey Superior Court Appellate Division · 1967
- Stryker v. SandsSupreme Court of New Jersey · 1950