Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1893-03-15
THE BURIAL CASE
AT Dover, Brought by Mrs.
Palmer of New York,
Decided in Her Favor by Judge
Whitehouse Of Supreme Court.
She May Now Remove Her husbands Remains
10 Brooklyn NY.

DovER, Mar. l4.-(Speeial. THE hear
ing 10 the equity case brought by Mrs Palmer
Of New York for permission to remove the
body of her deceased husband from Dover
to BROOKLYN. was concluded in the supreme
court here last Friday, but the judges de-
cision was reserved. No such interest in
any proceeding in court has been mani
tested in this town for several years. The
court room was crowded with the promi-
nent people of the village, minority being
LADIES' --s 'rS.sss'
Mr.. Guernsey ably presented the case
for the brothers Of the deceased residing in
Dover lie argued that the deceased had
expressed desire to be buried by the side
of his mother; that he was buried where he
nov lies BY the widow with an intention on
her part at the time to make it a-iinal rest
ing place, and that subsequently, IN the
settlement of the estate of her husbands
deceased brother the widow expressly
agreed that the body of her husband should
not be removed.
Mr.. Hudson severels criticised the prop
osition that the woman had bartered away
the dead body of her husband for any adj
vantage in settlement of that estate, con-
tending that she had not in any event re-
ceiyed her Just share of the property, and
that the condnct of her husband in ordering
the monument, since erected for their lot
in BROOKLYN and giving directions in regard
to his name upon it and his place of burial
in that lot ,repeIed the idea that he expected
or desired to be buried in Dover. Finally,
he insisted that whatever may have been
the feelings of the husband on the subject
at different periods of his life, the widow
who had been a faithful and devoted wife
should be permitted to decide for herself.
Judge Whitehouse said he could not re-
sst the belief that the reason no precedent
could be found for such case IN the judi
ciai histor, of the State was because the
paramount right of wife to protect the
dead body of her husband and control the
place of its sepulcher had never been denied.
The early decisions of the common law up
On this subject were not applicable to our
social conditions and customs. Courts of
equity have jurisdiction of such controver-
sizes and will recognize the paramount right
of those more intimately connected with
the deceased by domestic ties.
The home, sanctified by the marriage re-
lations, is the source of the greatest happi-
ness to individuals, and the highest welfare
of society. The wife is most closely re-
lated to the husband by the bonds of affec-
ton and marital duty; and under ordinary
conditions her superior right to determine
the place of her husbands burial could not
he doubted.
But in view of the earnest contention OF
the respondents, the brothers of the de
ceased that the widow was equitably
estopped by her own contract in the settle
ment of the estate, and the claim that per-
manent burial place had already been
selected in Dover, the judge said he would
take the case under advisement.
Today the clerk received the papers with
the following Endorsement "Bill sustained;
decree for the complainant in accordance
with the prayer of the bill" This result is
received with satisfaction by large major
ity of our people It is not believed that
the case will go to the law court in view of
the great expense involved in printing the
testimony.