Matter of Estate of Moyer

CROCKETT, Justice:

Objector, Karla Y. Moyer, appeals from an order of the district court that she cause the body of her adult son, Thomas Milton Moyer, who had been buried 10 months before, to be exhumed and cremated. This order was granted pursuant to reciprocal motions for summary judgment by petitioner, Joseph Smart, 1 and the objector.

The objector’s contentions are: (1) that the trial court erred in assuming that the body of deceased was property subject to disposition by will; (2) that the deceased, having been buried without the executor doing anything to interfere therewith, the latter…