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PARKER v. QUINN-McGOWEN COMPANY

No. 169.

138 S.E.2d 214 (1964)

262 N.C. 560

Mattie Byrd PARKER v. QUINN-McGOWEN COMPANY, Inc.

Supreme Court of North Carolina.

October 14, 1964.

Attorney(s) appearing for the Case

James F. Chesnutt and Miles B. Fowler, Clinton, for plaintiff.

Beasley & Stevens, Kenansville, and Nance, Barrington, Collier & Singleton, Fayetteville, for defendant.

SHARP, Justice.

Upon the death of a husband or a wife, the surviving spouse has the primary right to the custody of the body for burial as well as the preparation therefor. Lamm v. Shingleton, 231 N.C. 10, 55 S.E.2d 810; Kyles v. Southern R. R., 147 N.C. 394, 61 S.E. 278, 16 L.R.A.,N.S., 405; 15 Am.Jur., Dead Bodies § 9 (1938). Our law recognizes that the next of kin has a quasiproperty right in the body—not property in the commercial sense but a right...

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