Missouri Court of Appeals, Eastern District / Jun 4, 2019
Alma J. Carruthers, Respondent, vs. Serenity Memorial Funeral and Cremation Service, LLC, Appellant.
Alma J. Carruthers sued Serenity Memorial Funeral and Cremation Service, LLC, seeking a refund for cremation services after Serenity released her deceased son's remains to her grandson, Secoy Webb. The trial court ruled in favor of Ms. Carruthers, concluding she was entitled to the remains as the contracting party. The Eastern District reversed, holding that Mr. Webb, as the son, had the superior right of sepulcher and was the party who contracted for the cremation services, thus authorizing Serenity to release the remains to him.