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Decisions of Interest
Separated Widow Cannot Cremate Remains of Husband
Over a widow's objections, her husband's remains were ordered delivered from the crematorium where they had been sent to another funeral home for burial in accordance with Jewish law. The woman and the deceased were separated at the time of his death and there was evidence that the deceased would have preferred a Jewish burial (which does not allow cremation). Matter of Jack Salomon, N.Y.L.J. 6/20/03, Vol. 299; Pg. p. 25, col. 5.
Petitioner, the executor of the deceased man's will, sought an order to have the deceased's remains turned over to him from the crematorium where respondents (the deceased's wife and daughter) had sent them, in order to have them interred in accordance with Jewish tradition. The deceased and his wife had separated just before he entered the hospital for the last time, and evidence was presented that he had intended to seek a divorce from her. The court weighed these circumstances against the fact that the deceased had apparently been a devout and observant Jew, although he left no explicit instructions on how his remains should be handled. In ordering that the remains be turned over to petitioner for Jewish burial, the court noted that even if there had been no marital separation, the deceased's wishes would have taken precedence over the general rule that the next of kin can decide these matters. But because the deceased left no instructions as to how his remains should be disposed of, evidence of the separation was probably a factor in the court's decision to try to decipher the decedent's wishes by observing how he had lived his life, as the court noted in its reasoning that a wife from whom a decedent was separated does not have the same rights as a widow concerning his remains.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.