34 A.D.2d 709 | N.Y. App. Div. | 1970
Appeal by the respondents from a judgment of the Supreme Court at Special Term, entered in Sullivan County on September 15, 1969, which granted the petitioner’s (Cemetery Association) application for an order pursuant to section 89 of the Membership Corporations Law for the disinterment of the respondents’ decedent, Gustav Jurgensen. On or about December 9 .or 10, 1965, Charles and Jessie Irene Wells agreed to purchase and the Cemetery Association agreed to sell a certain burial lot for $250. A conveyance of the premises was apparently prepared on the 10th of December, 1965 by one of the officers of the Association and then forwarded to another officer to be signed by him, notarized and delivered to the Wells upon payment of the purchase price. There was some conflicting evidence in the record as to when this conveyance was delivered to the Wells, but Special Term found it was mailed to them on December 14, 1965. In any event, the first agreement for the purchase and sale of this lot occurred with the Wells in December of 1965. On March 2, 1966 Gustav Jurgensen died and the following day his daughter agreed to purchase and the