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← 278 Pa. Super. 141 - Novelli v. Carroll

278 Pa. Super. 141 - Novelli v. Carroll’s Empirical Analysis

1980

Citation profile

28
cited by 28 later decisions
6
states following
March 2018
most recently cited

2 federal appellate · 26 state decisions

How this case has been cited

Cited by 28 later decisions — most recently March 2018 · most notably 239 N.J. Super. 81 - Felipe v. Vega (1989), 90 Ohio App. 3d 148 - Spanich v. Reichelderfer (1993)

2 federal appellate · 26 state decisions

901980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Pettigrew v. Pettigrew · Yome v. Gorman · Neighbors v. Neighbors · Leschey v. Leschey · 156 Ind. App. 610 - Hickey v. Hickey

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “The result of a full examination of the subject [of disposition of human remains] is that there is no universal rule applicable alike to all cases, but each must be considered in equity on its own merits, having due regard to the interests of the public, the wishes of the decedent, and the rights and feelings of those entitled to be heard by reason of relationship or association. Subject to this general result, it may be laid down: First. That the paramount right [of control of the body for interment] is in the surviving husband or widow, and, if the parties were living in the normal relations of marriage, it will require a very strong case to justify a court in interfering with the wish of the survivor. Secondly. If there is no surviving husband or wife, the right is in the next of kin in the order of their relation to the decedent, as children of proper age, parents, brothers and sisters, or more distant kin, modified, it may be, by circumstances of special intimacy or association with the decedent. Thirdly[.] How far the desires of the decedent should prevail against those of a surviving husband or wife is an open question, but as against remoter connections, such wishes especially if strongly and recently expressed, should usually prevail. Fourthly. With regard to a reinterment in a different place, the same rules should apply, but with a presumption against removal growing stronger with the remoteness of connection with the decedent, and reserving always the right of the”
    1 later decision quote this exact passage
  2. “(1) the degree of relationship that the party seeking reinterment bears to the decedent, (2) the degree of relationship that the party seeking to prevent reinterment bears to the decedent, (3) the desire of the decedent, (4) the conduct of the person seeking reinterment, especially as it may relate to the circumstances of the original interment, (5) the conduct of the person seeking to prevent reinterment, (6) the length of time that has elapsed since the original interment, and (7) the strength of the reasons offered both in favor of and in opposition to reinterment.”
    1 later decision quote this exact passage
  3. “As the Supreme Court made plain in Pettigrew, with regard to reinterment[ 1 ] there is “reserv(ed) always the right of the court to require reasonable cause to be shown for it.” [Id.] at 880[.] In addition, the Court made plain that in deciding whether reasonable cause for rein-terment had been shown, the lower court should take into account a variety of factors[.] Whether reasonable cause for reinterment has been shown will depend upon the respective weight, or persuasiveness, of these factors as they are all considered together[.]” Id.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.