Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1Witthaus, R. A. (Rudolph August)
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Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1
Witthaus, R. A. (Rudolph August)
Medical jurisprudence; Poisons; Toxicology
The law casts the duty of burial of the wife upon the husband, and
of the husband upon the wife. In Secord _v._ Secord (cited in note 1
above), the Court said: “There are cogent reasons connected with public
policy and the peace of families, where in the absence of testamentary
disposition the possession of a corpse and the right to determine its
burial should follow the administration of the estate.” Inasmuch as
the husband has the first right to administer upon the estate of the
wife, and the wife upon the estate of the husband, the law imposes the
correlative duty of burial upon the person having such right; and so
it has been held that the husband is liable for the necessary expense
of the decent interment of his wife from whom he has been separated,
whether the party incurring the expense is an undertaker or mere
volunteer.[494]
Where the deceased leaves a will appointing executors, the executors
have a right to the possession of the body, and the duty of burial
is imposed upon them, but it has been doubted whether at common law
a direction by will concerning the disposal of the body could be
enforced, and therefore the right to make such direction has been
conferred by statute in several States.[495]
And where a widow ordered a funeral of her husband, it was held that
she was liable for the expense, although she was an infant at the time,
the Court holding that the expense fell under the head of necessaries,
for which infants’ estates are liable.[496]
If there be no husband or wife of the deceased, the nearest of kin
in the order of right to administration is charged with the duty of
burial.[497]
Such acts as casting a dead human body into a river without the rites
of sepulture (Kanavans Case, 1 Me., 226); stealing a corpse (2 East,
PC., 652) or stealing for dissection a dead body of one executed when
the death sentence did not direct dissection (Rex _v._ Cundick, D. &
R., n. p., 13), were indictable offences at common law.[498]
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