The Fulton County news. [volume] (McConnellsburg, Pa.) 1899-current, 1901-04-11

body after his death, which is
causing very pronounced dissat-
isfaction in the medical profess
sion.
The suit was this: A man left
a will in which he bequeathed his
body after death TO a medical col
lege, where he had been treated
and treated very much to his ad-
vantage during his life. Unable
to make any other return to the
college where his suffering had
been alleviated, he made the re
quest of the managers of the in
stitution that he should be allow
ed to bequeath his cadaver to them
to be used for scientific purposes.
The request was granted, of
course; and, when the patient
died, the administrators proceed
ed, in terms of the will, TO take
possession.
But they were not permitted to
take possession. The nearest of
kin, who claimed possession Of
the body by right of immediate
relationship, would not give up
the body, and applied to the court
for an injunction restraining the
medical college from taking the
cadaver for scientific or other
purposes. And the kin-folks have
won; for, as we have said, the su
preme court of the state has de.
cided that man cannot by will
dispose Of that which after his
death will be his corpse. The
custody Of the corpse and the
right of burial the court holds,
belongs to the'next of kin in pref
erence to the administrator
This view, says the New York
Medical Journal, taken by the sU-
preme court Of California, is
"based on the fact that the gen
eral English aud American legal
authorities establish the rule, that
in the absence of statutory pro
visions, there is no property in q
dead body" and it adds that, if
the decision be correct, the soon
er statutory provisions are OBJ
tanned authorizing a man during
his life to dispose of his body af-
ter death as he thinks proper, the
better.
On ordinary sentimental
grounds, whether there be or be
not a law on the subject, one would
expect to find that the mans ex-
press desire for the disposition Of
his body after death would be
gladly complied with by his near
est kin The wishes of a person
expressed before death are gen
orally observed by his nearest
relatives with a sacpedness un-
equaled in regard to any other
com bination of things in this life;
and when he gives expression, be-
ing in a rational state Of mind, to
a wish that his body may be dis
posed Of in a particular way, few
indeed are the relatives, even if
the expressed wish coincide not
with their wishes or intentions,
who would not comply?
The moribund person knows
that, when the breath has left his
body, there is nothing he can con
troll; his will may be ripped to
pieces, and his disposition of his
property, if he had any, may be
entirely traversed from his inten-
ton. 1t would be but a kindly
act, therefore, to make such a le-
gal provision as would enable a
dying man to depart with the CON
sciousness that his wishes would
be absolutely respected at least
as to the disposition of that earth
ly husk which had been part of
him in life. owe brought moth
ing into this world, and it is GER
tain we can carry nothing out, "is
said, Of course, of physical things;
but why a person nearing the
bourne should not be allowed to
carry with him the assurance
that his wishes concerning the
disposition of the clay-companion
which he leaves behind viii not
be departed from in any essential
| particular, it would be difficult to
say. So much for the sentimen-