In a family dispute over a woman's funeral, a High Court judge ruled last night that the parents would have the right to bury their daughter.
Kathleen McCarthy O'Reilly is to be buried by her parents in Askeaton, Co Limerick, on Friday by order of the High Court.
Timothy O'Reilly, Kilmallock, Co Limerick, who had two children with Kathleen (22), lost an application to be allowed to conduct his wife's funeral arrangements.
Judge Elizabeth Dunne told Michael and Margaret McCarthy, Old Mallow Road, Cork, they would have responsibility for their daughter's funeral but would have to arrange separate wakes in funeral parlours in Cork and Askeaton for both families.
Following Kathleen's death last Friday, an inter-family row over where she should be buried and by whom moved to the High Court when her partner, Timothy O'Reilly, asked Judge Dunne on Monday to release her body to him for burial.
Judge Dunne also directed that the headstone should bear the name Kathleen McCarthy O'Reilly and that Mr O'Reilly and the children, should they decide, could be buried in the Askeaton grave.
Following the court decision Kathleen's father said they were happy with the judge's directions.
Mr O'Reilly said afterwards he did not wish to comment.
Judge Dunne said the couple had gone through a ceremony which had clearly been accepted by both as not a valid marriage.
Two children had been born and it was not disputed that their names were O'Reilly. Kathleen had also used the name of O'Reilly which had appeared on a child benefit book.
The judge said Mr O'Reilly had sought to be appointed guardian to the children for the purpose of extracting a grant of administration of Kathleen's estate. This was to get control over her body for dealing with her funeral and burial. Her parents sought an order that the body be released to them.
Judge Dunne said she would allow the funeral to take place under the auspices of the McCarthy family, being her parents.
She directed that the Limerick coroner release the body into the care of the McCarthy family and that there would be a wake today in a funeral parlour in Cork.
Tomorrow the body would be removed to a funeral parlour in Askeaton where there would be an O'Reilly wake. On Friday Kathleen would be buried in Kilcornan cemetery following Requiem Mass in Askeaton.