35-21-305. Removal of remains -- consent required -- removal by permission of court. (1) The remains of a deceased person may be removed from a plot in a mausoleum or columbarium with the consent of the mausoleum-columbarium authority and the written consent of one of the following in the order named:
     (a) the surviving spouse;
     (b) the surviving children of the decedent;
     (c) the surviving parents of the decedent;
     (d) the surviving brothers or sisters of the decedent.
     (2) If the required consent cannot be obtained, permission by the district court in the county where the mausoleum or columbarium is situated is sufficient, provided that the permission shall not violate the terms of a written contract or the rules of the mausoleum-columbarium authority.

     History: En. Sec. 27, Ch. 35, L. 1949; R.C.M. 1947, 9-605.