Bruning v. Eckman Funeral Home

693 A.2d 164, 300 N.J. Super. 424, 1997 N.J. Super. LEXIS 220
CourtNew Jersey Superior Court Appellate Division
DecidedMay 7, 1997
StatusPublished
Cited by3 cases

This text of 693 A.2d 164 (Bruning v. Eckman Funeral Home) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bruning v. Eckman Funeral Home, 693 A.2d 164, 300 N.J. Super. 424, 1997 N.J. Super. LEXIS 220 (N.J. Ct. App. 1997).

Opinion

The opinion of the court was delivered by

BRAITHWAITE, J.A.D.

Defendant Denise Helstowski appeals from an order entered pursuant to N.J.S.A. 8A:5-18, granting plaintiff Ruth Bruning “[t]he right to control the disposition of the remains” of her deceased husband. Ibid. On appeal, Helstowski contends that the directive signed by the decedent three years prior to his death constituted “other directions” under N.J.S.A. 8A:5-18 and therefore should have controlled the disposition of his remains. The trial judge ruled that “[w]hat the legislature obviously did mean [427]*427by ‘other directions’ is the directions that appear typically in wills ... about one’s burial,” and therefore, the written directive by the decedent did not control the disposition of his remains. We disagree and now reverse and remand for further proceedings consistent with this opinion.

I.

Plaintiff married decedent John Peter Bruning on March 26, 1939. At an unspecified point, plaintiff and decedent stopped residing together but never legally divorced. In January 1972, decedent purchased four burial plots in St. James Cemetery in Jamesburg for his family.

For at least six years before his death, decedent lived with Helstowski in Monroe. Helstowski stated that she had lived with decedent for twenty-three years. During the time that Helstowski and decedent lived together, she took care of him when he was ill and tended to his personal business affairs.

In July 1990, decedent executed a power of attorney granting Helstowski the power to execute documents and make any medical and business decisions on his behalf. Helstowski handled all of these matters for decedent. In that capacity, Helstowski deposited money in plaintiff’s bank account and paid her real estate taxes, water and sewer bills, and house and car repairs.

In February 1993, decedent purchased a mausoleum in Marlboro and expressed his wish to be interred there when he died. The same month, decedent signed a directive stating that the deed to his burial plots in St. James Cemetery should be turned over to his granddaughter, Wendy Keppe. The directive further states that “[m]y final burial will be with my beloved Denise Helstowski at Rolling Hills Gardens of Marlboro.” Debra Sobol witnessed decedent’s signature on the document.

Decedent died on January 29, 1996. After Helstowski made funeral arrangements for decedent, plaintiff filed a complaint seeking to enjoin Helstowski and defendant Eckman Funeral [428]*428Home from making any of the arrangements. Following a hearing, the trial judge ruled that plaintiff had the right to control the disposition of decedent’s remains. This appeal followed.

II.

The statute in question, N.J.S.A. 8A.-5-18, provides, in pertinent part, as follows:

The right to control the disposition of the remains of a deceased person, unless other directions have been given by the decedent or by a court of competent jurisdiction shall be in the following order: a. The surviving spouse.
A prepaid funeral agreement or a preneed funeral arrangement, as defined in [N.J.S.A. 45:7-82], shall not constitute “other directions” for the purposes of this section, nor shall it bind those with the right to control the disposition of the remains.
[Ibid, (emphasis added).]

Our task is to determine what the Legislature meant when it used the words “other directions” in the statute. “ ‘Generally, a court’s duty in construing a statute is to determine the intent of the Legislature.’ ” Jacobitti v. Jacobitti, 135 N.J. 571, 579, 641 A.2d 535 (1994)(quoting AMN, Inc. v. Township of South Brunswick Rent Leveling Bd., 93 N.J. 518, 525, 461 A.2d 1138 (1983)). “In examining legislative intent, a court must first direct its inquiry to the actual language of the statute.” Schiavo v. John F. Kennedy Hosp., 258 N.J.Super. 380, 386, 609 A.2d 781 (App.Div.1992), aff'd, 131 N.J. 400, 620 A.2d 1050 (1993). Further, to ascertain the intent of the Legislature, we also look at the legislative history. See Paramus Substardive Certification No. 47, 249 N.J.Super. 1, 8, 591 A.2d 1345 (App.Div.1991).

The trial judge concluded that “other directions” meant those directions contained in a will. We are satisfied that “other directions” is much broader, and the legislative history supports our conclusion. We note that had the Legislature intended that the “other directions” be contained in a will, the statute would have plainly said so.

[429]*429In 1992, the Senate bill with the proposed language to amend N.J.S.A. 8A:5-18 provided, in pertinent part, as follows:

The ... right to control the disposition of the remains of a deceased person ... unless other directions have been [specifically ] given by the decedent [, through a will or other properly executed writing by the decedent,] or by a court of competent jurisdiction shall be in the following order.
[Ibid. (alteration in original).]

The underlined and bracketed language, however, was deleted in the adopted legislation. Thus, it is clear that the Legislature did not intend to limit “other directions” to those instructions only contained in “a will or other properly executed writing.” We conclude that the Legislature intended that “other directions” include both testamentary and nontestamentary statements regarding the disposal of a decedent’s remains. We further conclude that the nontestamentary expressions can be either oral or written. We note that this result is consistent with case law from other jurisdictions.

In re Henderson’s Estate, 13 Cal.App.2d 449, 57 P.2d 212 (1936), a testatrix left $20,000 in trust to purchase a burial plot at a cemetery and to build a vault in which her remains would be interred, along with other pre-deceased members of her family whose remains would have to be relocated to the vault. The testatrix’s sister objected and testified that the testatrix “had told her in contradiction of the terms of the will” that she wished to be buried elsewhere. Id. 57 P.2d at 213. In ruling that the testatrix’s wishes, as expressed in her will, would be honored, the court stated:

[T]he great weight of authority in this country is to the effect that so far as burial purposes are concerned, a person does possess certain elements of proprietary interest in his body, sufficient to enable him to make a valid direction as to the place and manner of interment, which directions, if they be reasonable and appropriate, may be judicially enforced____ [I]t is now held universally in this country that whenever a dispute arises as to the manner

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Marino v. Marino
981 A.2d 855 (Supreme Court of New Jersey, 2009)
Sherman v. Sherman
750 A.2d 229 (New Jersey Superior Court App Division, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
693 A.2d 164, 300 N.J. Super. 424, 1997 N.J. Super. LEXIS 220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bruning-v-eckman-funeral-home-njsuperctappdiv-1997.