In Re: Remains of Chester Howard West
239 W. Va. 359
| W. Va. | 2017Background
- Chester H. West, a World War I Medal of Honor recipient, was murdered in 1936 and buried at his widow Maggie VanSickle’s family cemetery, now located within the Chief Cornstalk Wildlife Management Area (state land).
- The VanSickle family cemetery became overgrown and remote; a Boy Scout project in 2015 cleared the site and exposed West’s weathered, broken headstone.
- Hershel W. Williams (also a Medal of Honor recipient) petitioned the Mason County Circuit Court to disinter West and reinter him with full military honors at the Donel C. Kinnard Memorial State Veterans Cemetery; Williams asserted no next of kin for West and arranged for reinterment and perpetual care at no cost.
- Roger VanSickle (representing family interests) opposed removal, asserting Maggie VanSickle’s burial wish and family ties; testimony established that surviving objectors were related by marriage and that no direct blood relatives of West were identified.
- The circuit court concluded statutory provisions governing disinterment on private land did not apply (cemetery on state land), exercised equitable jurisdiction, balanced the equities, and authorized disinterment; the West Virginia Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument (Williams) | Defendant's Argument (VanSickle) | Held |
|---|---|---|---|
| Authority to order disinterment (equity/jurisdiction) | Court may exercise equitable/inherent power to grant disinterment where statute (W.Va. Code §37-13‑1) is inapplicable. | Circuit court lacks authority to order disinterment absent statutory authorization. | Court has common-law equitable authority to decide disinterment petitions; affirmed exercise of equity jurisdiction. |
| Applicability / preemption by W.Va. Code §29‑1‑8a (grave protection statute) | §29‑1‑8a does not cover this grave: not unmarked, not vandalized, not subject of scientific study; thus no preemption of common law. | West’s headstone is a “grave marker of historical significance” (Medal of Honor) and §29‑1‑8a preempts common-law claims, blocking judicial disinterment. | §29‑1‑8a preempts only narrowly defined categories; West’s gravesite is not within those purposes, so statute does not preempt the court’s equitable jurisdiction. |
| Merits — equitable balancing (whether to disturb repose) | Reinterment to a state veterans cemetery gives honor, perpetual care, dignified memorial, and petitioners arranged respectful transfer at no cost. | Family’s wishes (widow’s burial choice) and relatives’ objections weigh against disinterment; alternatives (memorial at veterans cemetery) exist. | Court did not abuse discretion: lack of living blood relatives, cemetery neglect, petitioners’ capacity to provide honorable perpetual care tipped equities in favor of disinterment. |
| Standing / party’s right to bring petition (raised in dissents) | Williams acted to honor a Medal of Honor recipient; relief redresses the asserted problem (neglect/no kin to maintain gravesite). | Williams lacks personal/familial legal interest in West; therefore lacks standing to seek disinterment. | Majority did not treat lack of standing as jurisdictional bar and resolved merits; the dissents argued the petition should have been dismissed for lack of standing. |
Key Cases Cited
- Sherrard v. Henry, 88 W. Va. 316, 106 S.E. 705 (W. Va. 1921) (equity may resolve disputes over removal of bodies and protect burial repose)
- State v. Highland, 71 W. Va. 87, 76 S.E. 140 (W. Va. 1912) (courts exercise discretion in disinterment requests; exemplifies equitable restraint)
- Hairston v. General Pipeline Constr., Inc., 226 W. Va. 663, 704 S.E.2d 663 (W. Va. 2010) (statutory §29‑1‑8a preempts common law only as to narrowly defined categories of historic/unmarked graves)
- General Pipeline Constr., Inc. v. Hairston, 234 W. Va. 274, 765 S.E.2d 163 (W. Va. 2014) (clarifies legislative purpose of §29‑1‑8a and that it does not create a private negligence cause of action)
- Grinnan v. Fredericksburg Lodge No. 4 A.F. & A.M., 118 Va. 588, 88 S.E. 79 (Va. 1916) (equitable balancing permitted disinterment where cemetery condition and public interest supported removal)