The cremated remains of a woman should be released from a funeral directors in Dublin to the executrix of her will in Co Kerry so they can be interred in Muckross Abbey, a court has ordered.
A previous order in late January had effectively “frozen the ashes” in what was a “very, very unusual case”, the Circuit Court in Tralee heard on Tuesday.
Annie Bray (87), formerly of St Brendan’s Terrace, Killarney, and Dublin, died on New Year’s Day at Killarney Nursing Home. She was not married and had no children.
Her relatives living in Co Kerry did not know what had happened to her remains after her death. Undertakers in Killarney could not find where her funeral was taking place, barrister Elizabeth Murphy for Dawn McCarthy, executrix of Ms Bray’s will, said in a motion to have the cremated remains returned to Co Kerry.
Dispute
Ms Bray had lived most of her life in Killarney and wished to be buried in Muckross Abbey, Ms Murphy said.
However, the respondents in the case – Ms Bray’s brother, Joseph Bray, and his niece Susan Hopkins, both of Willowbrook Park, Celbridge, Co Kildare – disputed this, Ms Murphy said.
Just after she died they sent funeral directors to take her remains to Celbridge, Co Kildare where her funeral was held. She was cremated at Mount Jerome in Harold’s Cross, Dublin and the ashes were held in the crematorium there.
The funeral and cremation happened without any public notification to the family in Kerry and there was no notification on the RIP.ie website, the barrister said.
A court order “effectively freezing the ashes” was issued by Judge Gerald Keys in Tralee on January 31st, Ms Murphy said. It restrained Cunninghams Funerals Ltd, of Weavers Row, Clonsilla, Co Dublin from releasing the cremated remains to anyone other than the executrix of the will.
When the case resumed on Tuesday, Judge Thomas E O’Donnell said he had no difficulty making an order declaring that Ms McCarthy would have sole lawful authority to take the cremated remains. She would also have sole lawful authority to inter the cremated remains at Muckross Abbey, he said.
‘Sensitive matter’
Ms Murphy said no order for costs was being sought by Ms McCarthy as the release of the remains was not opposed on Tuesday.
However, while the other side had indicated they were not contesting the release of the remains, the spectre of contesting the will had previously been raised and she was seeking interim orders and an adjournment.
Judge O’Donnell noted the respondents had “come quite a distance in the matter” and were concerned with vindicating their own name. He wanted to ensure they were fully informed and could get legal advice and adjourned the matter to the next list.
“It’s a sensitive matter, a very, very unusual matter at the very least,” Judge O’Donnell said.