Kitchen v. Wilkinson

Citations

• 26 Pa. Super. 75
• 1904 Pa. Super. LEXIS 267

Syllabus

<p>Burial of the dead — Public burying ground — Suicide.</p> <p>Where the general public has acquired the right to use land as a burying ground, individuals cannot by staking off portions of the land into lots acquire any exclusive title therein ; nor can a neighboring church acquire any title to or control over the land, merely because numerous members of the church took part in improving the grounds from time to time. As long as any portion of the ground is unoccupied by graves, the community at large has the same interest in the land as those claiming to be owners of lots.</p> <p>There is nothing in the law of Pennsylvania which prevents the body of a murderer and suicide from being buried in a public burial ground.</p> <p>A decent burial is the right of every one. It is a right springing from the necessity of the case and is recognized in all well ordered communities. Considerations of propriety and public health require that the dead be decently disposed of. This does not imply the right to Christian burial with the services of a religious organization but to an orderly interment in some suitable place. Per Henderson, J.</p> <p>Burial of the dead — Right to control burial — Next of kin — Sister.</p> <p>Where a deceased person did not in his lifetime live with his wife, and no executor or administrator has been appointed over his estate, a sister of the deceased has the right to direct and control the burial of his dead body.</p>