Tkaczyk v. Gallagher
| Decision Date | 16 March 1965 |
| Docket Number | No. 103905,103905 |
| Citation | 222 A.2d 226,26 Conn.Supp. 290 |
| Court | Connecticut Superior Court |
| Parties | Sampson TKACZYK et al. v. Kenneth GALLAGHER. |
Evelyn Tkaczyk and Sampson Tkaczyk, pro se.
Walter A. DeAndrade, Cheshire, for defendant.
The plaintiffs are the parents of Olga Gallagher, who died on December 5, 1961. At the time, she was married to the defendant, and after her death he arranged to have the body cremated. This was against the religious beliefs of the plaintiffs, and on December 7 they filed a petition in the North Haven Probate Court for a special award of custody under General Statutes § 45-253. On January 8, 1962, the defendant was awarded custody and an appeal was taken. On November 13, 1962, a judgment of nonsuit was entered for failure to prosecute the action, and upon the denial of a motion to set aside the nonsuit an appeal was taken to the Supreme Court of Errors. Some time subsequent to the preparation of the record, and before a hearing, the case was dismissed for failure to prosecute with due diligence; Tkaczyk v. Levine, 151 Conn. 728, 197 A.2d 942; and the present action instituted returnable to the first Tuesday of April, 1964.
This action is not in the form of an appeal from probate but seeks injunctive relief under General Statutes § 52-473. A temporary injunction was granted on February 21, 1964, by Thim, J., and the plaintiffs now seek a permanent injunction restraining the defendant from cremating the body and an order declaring null and void the decree appointing the defendant the legal custodian of his wife's body.
The custody of the remains of deceased persons is provided by statute in the following manner: The purpose of the statute is 'to avoid unseemly controversy over the remains of deceased persons.' Swits v. Swits, 81 Conn. 598, 600, 71 A. 782, 783.
It is admitted that the plaintiffs petitioned the North Haven Probate Court for a hearing; that such a hearing was held on December 11, 1961; and that on January 8, 1962, the control and custody was awarded to defendant. Plaintiffs claim there is no basis for the award; that there were bad relations existing between defendant and his wife prior to her death; and that...
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Baskin's Appeal from Probate, In re
...normally be observed but is, nevertheless, subject to judicial control, is in accordance with the common law. Tkaczyk v. Gallagher, 26 Conn.Sup. 290, 292, 222 A.2d 226 (1965), appeal dismissed, 153 Conn. 744, 220 A.2d 163 (1966); 13 22 Am.Jur.2d, Dead Bodies § 9. The wishes of a decedent as......
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Estes v. Woodlawn Memorial Park, Inc.
...absolute, but must yield when in conflict with the public good, or the demands of justice require a subordination. Tkaczyk v. Gallagher, 26 Conn.Supp. 290, 222 A.2d 226, affirmed, 153 Conn. 744, 220 A.2d 163 (1966); Gray v. State, 55 Tex.Cr. 90, 114 S.W. 635, 22 L.R.A.N.S. 513 (1908). Absen......
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In re Downing
...of the decedent's statements to override earlier written instructions as to disposition of her remains); Tkaczyk v. Gallagher , 26 Conn.Supp. 290, 222 A.2d 226 (Conn.Sup.Ct. 1965) (the court received testimony of decedent's oral expressions of her desire to have her remains cremated, which ......
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In re Estate of Vandell Downing, Case Number: 118589
...evidence of the decedent's statements to override earlier written instructions as to disposition of her remains); Tkaczyk v. Gallagher, 222 A.2d 226 (Conn.Sup.Ct. 1965) (the court received testimony of decedent's oral expressions of her desire to have her remains cremated, which was 'contra......
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The concept of sepulchral rights in Canada and the U.S. in the age of genomics: hints from Iceland.
...Travelers Ins. Co. v. Smith, 991 S.W.2d at 596-96; Rivers v. Greenwood Cemetery, 22 S.E.2d 134 (Ga. 1942). (132.) In Tkaczyk v. Gallagher, 222 A.2d 226 (Conn. 1965), Judge Devlin The statute follows the general rule that the primary and paramount right to possession of the body and to contr......