Sharp v Lush: 1879

An executor appointed by will is entitled to obtain possession of the body for its proper disposal.

Citations:

(1879) 10 Ch D 468

Jurisdiction:

England and Wales

Cited by:

CitedDobson and Dobson v North Tyneside Health Authority and Newcastle Health Authority CA 26-Jun-1996
A post mortem had been carried out by the defendants. The claimants, her grandmother and child sought damages after it was discovered that not all body parts had been returned for burial, some being retained instead for medical research. They now . .
CitedAnstey v Mundle and Another ChD 25-Feb-2016
The deceased had been born in Jamaica, but had lived in the UK for many years. The parties, before a grant in the estate of the deceased, disputed whether he should be buried in England or returned to Jamaica for burial.
Held: Having . .
CitedBuchanan v Milton FD 27-May-1999
The applicant sought to displace, solely for burial purposes, as personal representative a person who was otherwise entitled to a grant.
Held: Hale J said: ‘There is no right of ownership in a dead body. However, there is a duty at common law . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate

Updated: 27 November 2022; Ref: scu.650940