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MATTER OF ESTATE OF MOYER

No. 15469.

577 P.2d 108 (1978)

In the Matter of the ESTATE of Thomas Milton MOYER, Deceased. Joseph SMART, Petitioner, v. Karla V. MOYER, Objector.

Supreme Court of Utah.

March 14, 1978.

Attorney(s) appearing for the Case

Brian M. Barnard, Salt Lake City, for petitioner.

J. Douglas Kinateder, of Legal Aid Society of Salt Lake, Salt Lake City, for objector.

CROCKETT, Justice:

Objector, Karla V. Moyer, appeals from an order of the district court that she cause the body of her adult son, Thomas Milton Moyer, who had been buried 10 months before, to be exhumed and cremated. This order was granted pursuant to reciprocal motions for summary judgment by petitioner, Joseph Smart,1 and the objector.

The objector's contentions are: (1) that the trial court erred in assuming that the body of...

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