In re the Removal of the Bodies of Bertheas

Appellate Division of the Supreme Court of New York

In re the Removal of the Bodies of Bertheas

277 A.D.2d 984

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 2, 1950

StatusPublished

This text of 277 A.D.2d 984 (In re the Removal of the Bodies of Bertheas) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Removal of the Bodies of Bertheas, 277 A.D.2d 984 (N.Y. Ct. App. 1950).

Pincite

Opinion

-Order granting application for disinterment of two bodies from a lot in a cemetery reversed on the law and the facts, with $10 costs, and disbursements, and motion denied, with $10 costs. The granting of the application was an improvident exercise of discretion in that one of the bodies has been interred for thirty-six years and that the deceased persons, husband and wife, are buried in a permanent family plot large enough to accommodate the children who are enabled collectively to visit the grave with virtually as much convenience as if the bodies were reinterred in the cemetery to which they propose to transfer them. Nolan, P.J., Carswell, Johnston, Adel and Sneed, JJ., concur.

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-Order granting application for disinterment of two bodies from a lot in a cemetery reversed on the law and the facts, with $10 costs, and disbursements, and motion denied, with $10 costs. The granting of the application was an improvident exercise of discretion in that one of the bodies has been interred for thirty-six years and that the deceased persons, husband and wife, are buried in a permanent family plot large enough to accommodate the children who are enabled collectively to visit the grave with virtually as much convenience as if the bodies were reinterred in the cemetery to which they propose to transfer them. Nolan, P.J., Carswell, Johnston, Adel and Sneed, JJ., concur.

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Bluebook (online)

277 A.D.2d 984, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-removal-of-the-bodies-of-bertheas-nyappdiv-1950.