Crane v. Crane burial discussed

 Crane v. Crane Defendant appealed the order finding deceased mother did not designate him to determine her burial location or dispose of her remains.  

Defendant appealed the order finding deceased mother did not designate him to determine her burial location or dispose of her remains. Mother died in 2020 survived by two children, plaintiff and defendant. Mother's siblings were buried at Mt. Carmel Cemetery. Mother left two wills, naming sister as executor and plaintiff as substitute executor. Her Health Care Proxy named defendant as her agent if sister were unable to serve. Mother executed a durable power of attorney in 2003 designating defendant as her agent and authorizing him to "make advance arrangements for [her] funeral." Parties disputed mother's observance of Judaism. Plaintiff testified mother was not observant. Defendant testified that mother was ordained as an interfaith minister based on the Kabbalah and the Jewish faith. Plaintiff testified mother visited Mt. Carmel and said it would be her last resting place. Defendant asserted mother said she wanted to be buried in Israel. Defendant produced a document at trial, purportedly signed by mother, designating defendant to control the disposition of her remains. Trial court found the purported designation was based on New York law enacted years after the purported execution of the document, rejected defendant's testimony, found parties had equal statutory standing under the Cemetery Act and concluded mother intended to be buried at Mt. Carmel. Court affirmed

Daily briefing December 29, 2022