The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1911-05-19
COURT DECISION
IN WOOD CASE
ORDERS THAT BODY BE RETURN.
ED TO DAKOTA IN DEFER.
!. ENcE TO IMPLIED WISH
OF DECEASED

We give in full below the text of the
decision of the Court of the State of
Washington in the suit brought over
the disposal of the remains of the late
Chauncey l. Wood:
Courts Decision
The Court: In the case at bar, no
parallel case presume has ever been
known in the history of the State of
Washington Or her sister states the
attempt on the part of the two sur
viving sons to remove the body of
their father TO the State of South Da-
kota, in which attempt they are en-
joined by the widow who is residing
in the State of Washington, insisting
on her right to bury the body in Seat
tie, Washington
The natural impulse | think of the
average mind would be that the
widow would have the absolute right
to bury the body; at least I started in
the trial Of the case with that in my
mind, though, as stated to counsel,
( had never had occasio to investi-
gate q question OF this character.
It appears that the deceased moved
TO South Dakota and started in the
practice OF his profession there some
:s1 cr 33 years ago. He married He
la as issue OF that marriage two sons
,-vla survive him. He built up a
Ia 20 and lucrative law practice and
tee: prominent part in the af-
IL; Of his state and his mu-
n ipality in the sta e
where he resided. 1t appears that
he w,s for period of time United
Sta>es district attorney for that sec
to- cf the state in which he lived.
JIG vas a member of the constitution
81 convention. He was four times
T. norea by the people of his city by
beng elected to the Office Of mayor
Sore six years ago, his second wife,
to whom he was married in 1894, or
1895. came to Seattle and has since
resided with her mother and her son
by former marriage, in this city.
Some reference was made to the fact
t!.at she came 10 Seattle on account
Of her health though the necessity for
her residing in the State of Wash
ilreton does not clearly appear from
the record in this case. 1t shows tnat
at divers times she went back to South
Dakota. 1t does not appear that she
could not have lived there as we'll
IS she could have lived in Seattle,
yet at the same time the relations of
A-utmost harmony and affection appear
to nave existed between the de-
ceased and his widow.
On the other hand we find a very
strong attachment existing between
the father and the sons that succeed
him. That fact was disputed by the
. widow. but the court does not so
find. | am satisfied that the father
. had a very strong and tender affection
for the issue of his first marriage.
! am satisfied from all the evidence
in this case and all the attending cir
cumstances, that it was at all times
the desire of the deceased that his
final resting place should be in Rapid
City, South Dakota.
The eveidence further shows that
:,
he had two little children by MS
q widow who are buried in South Da-
Skota. They were buried in a Gene
a terry separate and apart from the cem-
8etery where rests the remains OF his
first wife and during the sojourn OF the
widow in Seattle, he exhumed the re-
mains of his first wife, and moved her
Sup to the cemetery where ested the
#ashes of these little infants by the
second wife, and had them all gath
Sered together, at least, in one Gem
&etery. He dismantled the monument
serected over the grave OF the first
.@wife in the first cemetery and brought
Sthat up to the cemetery where he evil
sssdently intended they should all rest
#together. I am satisfied that it would
She doing violence to the wishes OF
#$tnis great man to allow his ashes to
@1est anywhere except in Rapid City,
&South Dakota.
There has been great deal OF
Feeling manifested by the parties III
athis action. but in deciding this case,
81 am not deciding it particularly IN
Favor of the sons or against the widow
s8who succeeds him.
VI feel that it is the duty Of this court
|sito accede to the wishes OF the de-
@eeased as expressed in his life time
land manifested by his acts in his lie
time. In the event that the court
sheld otherwise and allowed the body
Ito be buried in Seattle, the court has
mo assurance that condition of this