Search Rutgers Law Library N.J. Court Opinions

1 JOHN M. GATELY v. HAMILTON MEMORIAL HOME INC -- rank: 1000

... directors under N.J.S.A. 45:7-95 and N.J.S.A. 45:27-22(d) extends to interns who are employed by funeral homes ... that the person lacked the right to control the disposition. [ N.J.S.A. 45:27-22(d) (emphasis added).] Likewise, under the Mortuary Science Act, [a ... to '[t]he surviving parent or parents of the decedent.' N.J.S.A. 45:27-22(a)(3) (emphasis added). The regulations promulgated by the Cemetery ... case law interpreting the 'surviving parent or parents' clause of N.J.S.A. 45:27-22(a)(3). We also have found no other reported opinion ... the phrase 'surviving parent or parents of the decedent' within N.J.S.A. 45:27-22(a)(3) requires the provision to be construed in the ... the purpose of the hierarchy of decision-making dictated by N.J.S.A. 45:27-22(a): To begin with, when someone dies, the need ...

docket:	a4458-13
court:	NJ Superior Court Appellate Division
decided:	2015-10-22
status:	published
citation:	442 N.J.Super. 542 125 A.3d 747
Document Size:	60218

2 JOAN MARINO v. LARRY L. MARINO, JR., et al. -- rank: 913

... J.S.A. 45:27-23 in pari materia with N.J.S.A. 45:27-22, we reverse. This action grew out of a dispute between ... The judge observed that Joan had a statutory right under N.J.S.A. 45:27-22 to decide where her husband would be buried that was ... did not express that preference in writing, as required by N.J.S.A. 45:27-22. She argues that any such preference should not have informed ... The majority of the surviving adult children of the decedent . . . . [ N.J.S.A. 45:27-22.] One of the purposes of the amendment was to make ... 45:27-23 without consideration of the potential impact of N.J.S.A. 45:27-22 on the factors bearing upon disinterment. The former statute provides ... only written instructions in a will are binding on interment. N.J.S.A. 45:27-22. These two sections of the New Jersey Cemetery Act ...

docket:	A2246-06
court:	NJ Superior Court Appellate Division
decided:	2008-02-19
status:	unpublished
citation:
Document Size:	89683

3 Joan Marino v. Larry L. Marino et al -- rank: 884

... J.S.A. 45:27-1 to -38, governing interment, N.J.S.A. 45:27-22, and disinterment, N.J.S.A. 45:27-23 in ... J.S.A. 45:27-1 to -38, governing interment, N.J.S.A. 45:27-22, and disinterment, N.J.S.A. 45:27-23. Specifically ... 84-87 (Ch. Div. 1989). Noting that the interment statute, N.J.S.A. 45:27-22, requires compliance with a decedent's preference only if it ... be read in pari materia with the statute governing interment, N.J.S.A. 45:27-22. See generally Skakel v. Twp. of N. Bergen , 37 N ... A. 45:27-23, governing disinterment exclusively and the other, N.J.S.A. 45:27-22, regulating interment. Moreover, as he explained, because the trial court ... 45:27-23 without consideration of the potential impact of N.J.S.A. 45:27-22 on the factors bearing upon disinterment." Because the disinterment ...

docket:	a-18-08
court:	supreme
decided:	2009-09-24
status:
citation:
Document Size:	141626

4 RICHARD FREEDMAN, II v. COLLEEN FREEDMAN, -- rank: 741

... 45:27-1 to -41, and its interpretive case law. N.J.S.A. 45:27-22 'addresses who may control the funeral and disposition of a ... of any other person acting on behalf of the decedent. [N.J.S.A. 45:27-22(a).] Therefore, if a 'decedent has not left a will ... the decedent.'' Gately, 442 N.J. Super. at 554 (quoting N.J.S.A. 45:27-22(a)(3)). In Gately, 'we conclude[ed] that the more ... disposed, and each [sought] control over the remains pursuant to N.J.S.A. 45:27-22.' Ibid. The decedent's father wanted his son's remains ... remains cremated. Ibid. The court recognized that under these circumstances, N.J.S.A. 45:27-22 'confer[red] the right to control the funeral arrangements and ... the following factors in selecting the person in control under N.J.S.A. 45:27-22: (1) Which parent is more likely to abide by ...

docket:	a3425-20
court:	NJ Superior Court Appellate Division
decided:	2023-12-05
status:	Published
citation:
Document Size:	38288

5 /usr/local/share/www/libweb/collections/courts/trial/p-2253-17.opn.html -- rank: 726

... disposed, and each seeks control over the remains pursuant to N.J.S.A. 45:27-22. Decedent’s father, John E. Travers, Sr., wishes his son� ... issue. The pertinent part of the New Jersey Cemetery Act, N.J.S.A. 45:27-22 (Control of funeral, disposition of remains) (the “Statute”), provides ... of any other person acting on behalf of the decedent. [N.J.S.A. 45:27-22.] “The role of the Court in statutory interpretation � ... guiding authority. See Gately, 442 N.J. Super. at 554. N.J.S.A. 45:27-22 was amended in 2003. The only relevant legislative history is ... 2 Indeed, such a writing may constitute a will. Although N.J.S.A. 45:27-22 indicates that a decedent may, in a will, either indicate ... of Ehrlich, 427 N.J. Super. at 72. 6 under N.J.S.A. 45:27-22 is dependent on the closeness of their kinship. Indeed, ...

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court:	NJ Superior Court Law/Chancery Division
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Document Size:	23902

6 OLD BRIDGE FUNERAL HOME, LLC v. KENNETH PRUCKOWSKI -- rank: 709

... name a funeral agent to address her funeral arrangements. See N.J.S.A. 45:27-22(a). Two weeks before the decedent's death, Castiglione obtained ... s brother, had legal authority to direct the funeral under N.J.S.A. 45:27-22 because the children, whose rights would have been superior under ... the children had no right to control the funeral under N.J.S.A. 45:27-22. Generally, "motions for leave to amend [under R. 4:9 ... no provision for them had been made in the Will. N.J.S.A. 45:27-22(a) provides that if a testator appoints a person "to ... of any other person acting on behalf of the decedent. [ N.J.S.A. 45:27-22(a).] Here, the court found that "[b]ecause the children ... control the funeral than decedent's brother, the Executor. See N.J.S.A. 45:27-22(a)(2), (4). There is nothing in the statute ...

docket:	a0519-15
court:	NJ Superior Court Appellate Division
decided:	2017-02-21
status:	unpublished
citation:
Document Size:	29979

7 IN THE MATTER OF THE ESTATE OF PEGGY Z PUDER DECEASED -- rank: 593

... decided Marino . There, the Court held that the interment statute, N.J.S.A. 45:27-22, and the disinterment statute are not to be read in ... consider the decedent's wishes. New Jersey's interment statute, N.J.S.A. 45:27-22, establishes a hierarchy of decision-making power among surviving members ... under the plain language of New Jersey's interment statute, N.J.S.A. 45:27-22. Marino does not change the outcome. We note that the ...

docket:	a1639-09
court:	superior court appellate division
decided:	2011-01-14
status:	Unpublished
citation:
Document Size:	32235

8 /usr/local/share/www/libweb/collections/courts/appellate/a3174-20.opn.html -- rank: 477

... to address the applicability of the New Jersey Cemetery Act, N.J.S.A. 45:27-22 (the Cemetery Act), any prior iterations of the statute, and ... directions have been given by a court of competent jurisdiction.' N.J.S.A. 45:27-22. In Bruning, we considered whether a decedent's signed directive ...

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Document Size:	39875

9 /usr/local/share/www/libweb/collections/courts/appellate/squibs15-16.opn.html -- rank: 382

... directors under N.J.S.A. 45:7-95 and N.J.S.A. 45:27-22(d) extends to interns who are employed by funeral homes ...

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court:	NJ Superior Court Law/Chancery Division
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10 CAROLYN AMM AUSLEY v. COUNTY OF MIDDLESEX, et al -- rank: 326

... case does not involve a burial or an autopsy. See N.J.S.A. 45:27-22 (concerning the right of a spouse or other relatives to ...

docket:	A2765-06
court:	NJ Superior Court Appellate Division
decided:	2007-09-24
status:	published
citation:	396 N.J. Super. 45 931 A.2d 610
Document Size:	36341