Swits v. Swits
Supreme Court of Connecticut
Suit for an injunction to secure the reinterment of the remains of a decedent in their original place of burial in the plaintiff’s lot, from which they had been removed by the defendants, brought to and tried by the Court of Common Pleas in Fairfield County, Scott, J.; facts found and judgment rendered for the defendants, from which the plaintiff appealed.
1Opinion of the CourtRoraback, J.
It is provided by § 363 of the General Statutes that “the custody and control of the remains of deceased residents of this state is hereby granted and shall hereafter pertain to the husband or wife of the deceased; but if the surviving husband or wife had abandoned, and at the time of death was living apart from the deceased, or if there be no husband or wife surviving, then such custody and control is granted and shall pertain to the next of kin; but the court of probate for the district of the domicil of the deceased may, at any time, upon the petition of any of the kin, award such custody…
2Cases cited1 opinion
- McKay v. Fair Haven & Westville RailroadSupreme Court of Connecticut · 1903
3Cited by22 opinions
- Baskin's Appeal from ProbateSupreme Court of Connecticut · 1984
- State Ex Rel. Rourke v. BarbieriSupreme Court of Connecticut · 1952
- Wilson v. Town of West HavenSupreme Court of Connecticut · 1955
- Mad River Co. v. Town of WolcottSupreme Court of Connecticut · 1951
- Dennis v. ShawSupreme Court of Connecticut · 1951
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