Corpse

The right to a decent burial has long been recognized as COMMON LAW, but no universal rule exists as to whom the right of burial is granted. Generally, unless otherwise provided before death by the deceased, the right will go to the surviving spouse; if there is none, it will go to the next of kin. When a controversy arises concerning the right of burial, each case will be considered on its own merits. The burial right per se is a sacred trust for those who have an interest in the remains.

Although the surviving spouse usually has the principal right to custody of the remains and to burial, special circumstances undermine this right, such as the absence or neglect of the surviving spouse or the separation of the parties at the time of death.

When there is no surviving spouse, the next of kin, in order of age, have the burial rights, unless a friend or remote relative is found by the court to have a superior right. The caretaker of an elderly, childless decedent who lived with the decedent for years prior to his or her death and to whom the estate was bequeathed might have a burial right that is superior to that of relatives.

In the case of the death of a child of divorced parents, the paramount privilege of burial is awarded to the parent who had custody.

The preference of the deceased concerning the disposition of his or her body is a right that should be strictly enforced. Some states confer this right, considering a decedent's wishes of foremost importance.

In most instances, the courts will honor the wishes of the decedent, even in the face of opposition by the surviving spouse or next of kin. If for some reason a decedent's wishes cannot be carried out, direction should be sought by the court. The court will decide how the body should be disposed of and will most likely do so according to the wishes of the surviving spouse or next of kin, provided those wishes are reasonable and not contrary to public policy.

When an individual wishes to direct the disposition of his or her remains, no formality is required. Oral directions are considered to be sufficient, and an individual's last wish will ordinarily be the controlling factor, provided it is within the limits of reason and decency.

Occasionally, a decision by the person who holds the right to burial can cause controversy beyond the deceased's family. One of the more

In some cases, the need to perform an autopsy or postmortem examination gives the local coroner a superior right to retain possession of a corpse until the examination is performed.
AP/WIDE WORLD PHOTOS

unusual cases involves the body of Ted Williams, one of the greatest baseball players in the history of the game, as well as a military hero in WORLD WAR II and the KOREAN WAR. John Henry Williams, Ted's son, decided when his father died in July 2002 to freeze the body in liquid nitrogen in a process called cryonics. The body is stored in a warehouse in Arizona. Friends and family have suggested that Ted Williams wanted to be cremated, but his body remains in a frozen state. John Henry's decision has been a major controversy, not only among close friends and family, but among former teammates, baseball fans, and commentators.