Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-07-26
WISHES OF WIDOWS
In Regard to the Disposition of Their Hus-
bands Remains.
The Attorney of the Commissioner,
Renders a Rather Elaborate
Opinion on This Subject.

In an opinion rendered today the attorney
for the District holds that, within the
meaning of the act of Congress of January
%, 1898, for the regulation of cemeteries
and the disposal of dead bodies in the Dis
trict, the widow of man is his nearest
relative, and that the brothers of the
dead man not entitled to a permit to
disinter the body and remove it.
The District Commissioners a few days
ago received an application from the
brothers of the deceased for a permit to
disinter and remove to distant city
body buried in Glenwood cemetery. The
brothers. in making their application, claim
ed to file it the nearest relatives or the
dead man. His widow has gone to the for
mer home for the purpose of taking out let
tiers OF administration on his estate, and be-
fore leaving the city she made an oral re-
quest to the health department that no per-
nit be issued for the removal of the re-
mains of her husband without her consent
Tnereupon the health officer requested that
the attorney for the District advise him
what would be legally just and proper in
the matter of granting the application OF
the brothers.
Wishes of the Widow.
That was done, and the attorney recon-
| mends that the application of the brothers
be denied in view of the widow request
that the remains of her husband be held
here until her return.
Inc act OF January 1875, SldLeS inc
Commissioners legal adviser, provides that
no permit shall be issued for the removal
| of any body unless applied for in writing
by the nearest relative or legal represen-
tative of the deceased, and he is of the
| opinion that the term legal representa-
tive" is technical and means executor or
administrator" The terms relative" and
'rela ton mean, he says, a person connect
ed with another by cOnsanS unity or aim
ity, although neither in a strict, legal and
technical sense includes husband and wife.
he meg res rpig "a a
act of Congress, is neither legal nor tech
meal, the attorney holds, and for this rea-
son he CONSTITUTES the term according to its
commonly accepted definition which would
include relatives by conSanguinity or affin-
ity.
says Attorney Duvall, that the husband
has the right to select the place of burial
for his wife. This being so where there
have been discordant relations says
the court of Rhode Island in the Hackett
case, why Should not the widow have the
same right with reference to his remains?
A woman is naturally quite sensitive in
such matter as man. 1t would be quite
as great shock to her to have the body
buried against her wishes as it would to
the man Hers is a relationship closer than
that of kindred, for it is the teaching of
the Holy Scripture, "A man shall leave IA
Their and mother and shall cleave to his
wife, and the twain shall be one flesh"
L Entitled to Equal Rights.
rage greater in her case than in
that of man and the reasons which give
the right to the husband are equally ap-
plicabe to her. 1t would be a shock to the
sensibiities of humanity to say that the
reasonable wishes of a wife in regard to
the burial of her husband should not be en-
titled to paramount respect waen sucn a
right would be accorded to him. In no case
is it in absolute right, but, as the court
has already said, "a sacred trust for the
benefit of all who may, from family or
friendship, have an interest in it, which
should be properly administered; and, as we
now say, primarily administered by the
wife, due regard being had to the circum-
stances in the case
Furthermore, it appears that the widow
is about taking out letters of administra-
ton the estate of her deceased husband
and has made an oral request that no per-
nit should be issued for the removal of
the remains without her consent-thus
plainly indicating a purpose on her part
to apply for a permit to remove the re-
mains after she has become the legal rep
resentatfye' of her deceased husband
Il am of the opinion that the widow of
John w. Merriam is his nearest relative
within the meaning of the act of Congress
of January %, 1898, and especially in view
of her purpose expressed to the health
officer the permit asked for by the broth
ers of the deceased should be refused"
The Commissioners will, it is stated, APP
prove the opinion of their attorney. and
Will act in the matter as he has advised