Artist's idyllic life devolves into battle over her burial

The artist’s grown children, already at odds over her will, are now fighting in Vermont Probate Court over whether and how to bury their mother.

Tudor, who died a year ago today, said expressly in her will that she did not want a funeral. The eccentric artist asked to be put to rest beneath the Mystery Rose in her garden in Marlboro, Vt., along with the remains of her beloved dogs and her pet rooster, Chickahominy.

But three of her four children, who were largely cut out of the will and are challenging its validity, are pressing the court to order a private funeral for their mother. But first, they want her ashes tested for authenticity. The siblings fear that her ashes might have already been scattered by their brother Seth and replaced with wood ash, said Mark D. Schwartz, a lawyer from Bryn Mawr, Pa.

“I do wonder if Seth took it upon himself to bury her, feeling that we somehow, because of our estrangement, weren’t honorable enough to be handling her ashes,’’ said Tudor’s daughter, Efner Tudor Holmes, who lives in New Hampshire.

“To me, it’s absolutely shocking that this is even an issue. I think most people would agree that one should bury their parents as soon as possible and put aside all disputes,’’ said Thomas Tudor, who lives in Virginia.

The family dispute stands in sharp contrast to the idyllic farm life Tudor immortalized in watercolors and sketches published in about 100 books over 70 years. A quixotic character who wore 1800s-style dresses and made everything from baskets to butter by hand, Tudor drew legions of followers aiming to emulate her craftsmanship and self-reliance.

Her will left little to the three children she considered estranged. She consigned the bulk of her estate to Seth and his son, who have continued to cultivate her brand through Tasha Tudor & Family, which offers tours of Tudor’s often-photographed gardens and workshops on the arts and crafts she mastered.

Neither Seth Tudor nor his lawyer, Richard H. Coutant, returned phone calls about the case. But Coutant filed a motion asking to dismiss the requests for a funeral and testing of the ashes.

“The utterly pointless and degrading request that the court order that the ‘purported remains’ be tested demeans Tasha Tudor and her memory and is a baseless insinuation of the grossest kind of misconduct,’’ Coutant wrote in a court document. He added that Seth Tudor’s son, Winslow, has kept her ashes sealed and undisturbed since her cremation.

The vitriol of the allegations is such that Coutant also asked the court to seal the records in the case, contending that some documents include “outrageous and libelous personal attacks on Seth Tudor and are intended to damage his reputation and the ability of his family and their company to operate and earn a living.’’

The latest filing by Thomas Tudor asked the court to ban tours of Tudor’s garden after her remains are buried.

The tangled battle has unfolded in angry letters and court filings in the Probate Court’s Marlboro District. Thomas Tudor sued to block Seth’s appointment as executor and accused him of using undue influence to claim an estate worth more than $2 million. His sisters wrote anguished letters to the court. A special administrator is handling the estate and trying to determine its disputed value.

Seth Tudor’s lawyer argues in court documents that the siblings’ legal actions have postponed burial and contends that Seth has no more right to bury her ashes than his siblings do.

“There is a certain irony in Ms. Holmes’s complaining that Seth has not acted, concerning his mother’s remains, when she and her siblings have objected so strenuously to his being given the authority to act,’’ Coutant wrote.

But on June 1 Thomas Tudor’s lawyer filed a motion asking the court to allow a private burial in her garden with her pets while a bagpiper plays “Amazing Grace.’’ Relatives would spread the ashes and say a few words. A hymn would be sung, and a minister would read from the Bible. A headstone would be placed beneath the Mystery Rose.

Holmes said she believed that her mother objected to the idea of open caskets and church funerals and that she would want to be remembered by her family and friends in her garden.

“I want my mother at peace. I want her to have a decent burial,’’ said Holmes. “She shouldn’t be sitting in a box somewhere on someone’s shelf. Her life needs to be brought to closure, and it should be in the ground under her rose.’’

But Seth Tudor’s lawyer said the plans conflict with the wishes of the irreligious artist. He proposed a family interment with no frills, no minister, no hymns, no prayers, and no bagpipes.

“Any person in attendance may speak,’’ Coutant wrote, “but no one is compelled to listen.’’

Stephanie Ebbert can be reached at ebbert@globe.com.