Smith v. Vidovich

Virginia Novasal Smith was adjudicated insane in 1942 and committed to Patton State Hospital, where she died in 1963. In 1956 her husband, Mike N. Smith, made prospective funeral arrangements for himself and his wife. He predeceased her in 1961. She was survived by four children, the litigants here.

The defendant children buried their mother in a cemetery owne'd by the defendant corporation. The fourth child, plaintiff, later sued to require removal of her remains to a grave adjoining that of her husband.

The trial court, without a jury, gave judgment for defendants. Plaintiff asserts the…