466. Rights, Duties, Body, Will.—While there is no property in a dead body so that it may be sold, there are rights and duties out of which may arise tort and criminal actions. The question of the right of a man to dispose of his body by will is not well settled in this country.[822] There are many cases that hold that a person has the right to make a binding testamentary disposition of his own body after death.[823] But on the contrary it has been held that one can not by his will confer any right as to the disposition of his body.[824]
467. Monument, Fence.—Giving the right to bury in one's cemetery lot carries with it the right to erect a monument; but it does not carry with it the right to fence the cemetery lot or interfere with other graves therein. Therefore, the monument must be of such size and so located and erected as not to interfere with the rights of others.[825]
468. Tombstone, Mother-in-Law.—A husband has the right to remove a tombstone that his mother-in-law put over his wife's grave, and put up one of his own choice [pg 243] instead.[826] The general rule is that vaults and tombstones are personal property and may be removed “in good faith and with care and decency” by the next of kin.[827]
469. Trees, Authority.—It is a criminal offense to cut trees in a cemetery without right or authority.[828]
470. Charitable, Institution, Negligence.—A Catholic cemetery without capital stock or shares and paying no profits nor dividends, does not come under the head of a charitable institution so as to relieve it from liability for negligence.[829]
471. Equity, Repair, Injuries.—A cemetery association may by bill in equity be forced to keep walks and drives in good repair and consequently is liable for injuries resulting from its negligence.[830]
Chapter XXXIV. Miscellaneous
472. Societies, Law.—Religious societies organized in connection with a church or congregation are in law civil societies and not ecclesiastical corporations, and are governed by the law of the land. Therefore, the law of fraternities fully covers all questions that arise in such societies. The subject is too comprehensive to be treated at any length here.[831]