Search Rutgers Law Library N.J. Court Opinions

1 Joan Marino v. Larry L. Marino et al -- rank: 1000

... interment, N.J.S.A. 45:27-22, and disinterment, N.J.S.A. 45:27-23 in a dispute between a decedent's surviving spouse and ... interment, N.J.S.A. 45:27-22, and disinterment, N.J.S.A. 45:27-23. Specifically, this dispute, between a decedent's surviving spouse and ... his surviving spouse, was statutorily authorized to do so. See N.J.S.A. 45:27-23, as the controlling statute and considered how it should be ... remains binding only if stated expressly in a will, see N.J.S.A. 45:27-23, although silent about the effect to be given to a ... should have been read independently of each other, with one, N.J.S.A. 45:27-23, governing disinterment exclusively and the other, N.J.S.A ... of 2003, the Legislature added a new provision governing disinterment. N.J.S.A. 45:27-23. In part, the provision is a compilation of earlier ...

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

2 JOAN MARINO v. LARRY L. MARINO, JR., et al. -- rank: 941

... of a new headstone. Because the judge failed to construe N.J.S.A. 45:27-23 in pari materia with N.J.S.A. 45:27 ... contend that the correct rule of decision is found in N.J.S.A. 45:27-23, which governs disinterment, and that it is proper under this ... relocate the body to another plot in the cemetery under N.J.S.A. 45:27-23 without consideration of the potential impact of N.J.S ... health; and (3) the cemetery finds that removal is feasible. [ N.J.S.A. 45:27-23.] Thus, the statute does not prohibit disinterments that are inconsistent ... decedent's preference as informing a decision to disinter under N.J.S.A. 45:27-23, but it did determine that only written instructions in a ... opposed to the independent policy relating to disinterment to which N.J.S.A. 45:27-23 refers, I would affirm the judgment which is based ...

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status:	unpublished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

3 IN THE MATTER OF THE ESTATE OF PEGGY Z PUDER DECEASED -- rank: 719

... of parties not identified as "stakeholders" in the disinterment statute, N.J.S.A. 45:27-23(a), and to determine whether such parties may challenge a ... authorization both jointly and in writing." Id. at 328 (quoting N.J.S.A. 45:27-23(a)). Consequently, the Court determined that a surviving widow's ... his adult children: The language of the [disinterment] statute, see N.J.S.A. 45:27-23, expresses a legislative preference against disinterment. Even were that not ... 26:8A-3). In contrast, New Jersey's disinterment statute, N.J.S.A. 45:27-23(a), reflects a more limited class of those permitted to ...

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