Morning journal and courier., 1892-01-20
A FURTHER HEARING

In the Contest Regarding the Place
OF Burial OF the Late j. G. Peck
Before Judge Renn Yesterday
A hearing was had in the superior court
before Judge Fem yesterday in the con-
test as to where the remains of the late J.
G. Peck, formerly q furniture dealer on
Chapel street, shall be inferred AS
stated yesterday in a Winsted dispatch,
the justice court decided in favor of the
wife and son of deceased, directing that
Mr.. Randall, the town clerk of Morris,
where Mr.. Peck died and whose wife is
Mr.. Peck's sister, must issue permit for
the removal of the body TO New Haven for
burial.
Mr.. Peckis death occurred at Mr.. Ram
dalrs home, where he had been visiting
for some months. Mrs. Peck and her
two children were with Mr.. Peck when he
died They arranged for the funeral 20
take place on Friday last, at 2 O'Clock,
with prayers at the house, and the burial
to be made in New Haven, with services at
his late home Saturday afternoon.
But this arrangement was blocked by
Town Clerk Randall, his brother in law, as
has been stated. An undertaken named
Fuller, of Litchfeld, had been given charge
of the funeral by the son and daughter
He furnished a casket and prepared the
remains for burial, but when it came to
removing them to New Haven he could
not obtain the necessary permit. Randall
refused to grant the removal permit, claim
ing that the deceased had requested in his
will that he be buried in Morris.
Mrs. Peck and her children then resorted
49, L. hn--
neys Edward L. Linsley and Julius @.
Gable of this city, who went to Litchfeld
on Thursday and prayed out an Injunction
restraining Randall or his wife from bury
ing the remains. On Friday night Randall
was served with a mandsmus compelling
him to show cause why he withheld the
removal permit. The hearing on the man
dsmus took place in Winsted Monday as
stated yesterday.
The will was presented for probate in
Litchfield Saturday, and Judge of Probate
George NJ Woodruff at the same time re-
ceived petition from Mrs. Randall for the
custody of the remains. He reserved his
decision until after the hearing on the
mAndamus case. The will leaves one-third
to Mrs. Peck and most of the remainder of
the estate to Mrs. Randall.
Section 536 of the statutes provides that
the custody of the remains of a dead per-
son shall belong 10 the husband or wife,
but if dead, or the couple had separated
and were living apart, then the next kin
shall have control, unless otherwise order
ed by the probate court, on the petition of
some relative.
The hearing yesterday was on proceed
ings oy tho Randall party In the issue,
praying for dissolution of the injunction
that had been brought against them by
the Pecks, and who had secured the opder
from the court that Randall should at once
issue the permit. The Randalls appealed
to the superior court. Judge Fem after
hearing the arguments of counsel decided
that he had Jurisdiction and issued a
modified injunction, leaving decision of the
case with Judge Woodruff Of Litchfeld.
The case comes up in Litchfeld to-day.
Judge Woodruff will decide whether the
wife and children on the one hand, or the
sister and brother-in-law on the other shall
ha tho oT-Efpiv of ha ,zsr f,nr hrrsa1