Tozer v. Warden

Brian S. Miller, Judge.

This appeal, which is a case of first impression for this court, requires us to determine whether the trial court erred in denying the appellants’ petition to disinter the remains of their deceased family member. We adopt the analysis of the courts of Ohio and New York and reverse and remand with directions to the trial court to consider and make findings on the following factors: (1) the degree of relationship that the party seeking reinterment bears to the decedent, (2) the degree of relationship that the party seeking to prevent reinterment bears to the decedent, (3)…