Tully v. Tully

In the present case, which is apparently one of first impression in this State, it seems evident that two different issues have been confused and decided together as one, i.e., the custody of the two children while living and the right of burial after their deaths.

In my view of the case, it is unnecessary to decide now whether the appellee mother would have had the right of burial, assuming that she had temporary custody at the time of the deaths. In this regard, we note this particular question seems not to have been definitely decided in this State. The general rule in this State seems to…