173 Misc. 644 | N.Y. Sur. Ct. | 1940
This is an application by the executors for instructions as to the disposal of the remains of the testator. Paragraph second of his will provides as follows: “ Upon my death, I request my Executors to attend to the cremation of my body, and to have my ashes preserved in a suitable receptacle and interred in Union Fields Cemetery, Cypress Hills, in Brooklyn, New York, in as. close proximity to the graves of my departed beloved parents as is possible.”
Opposition has developed on the part of some of the next of kin to the carrying out of this request of the testator. The authorities are clear, however, that the wishes of a decedent in respect of the disposition of his remains are paramount to all other considerations. (Matter of Donn, 14 N. Y. Supp. 189; Cooney v. English, 86 Misc.
The direction contained in the will here is reasonable, practical and capable of performance.
The desire of the testator must be given effect. In view of the plain duty of the executors under the statute and decisions, the opposition of the other members of the family to cremation is without legal support or any other force.
Submit order on notice directing disposition of his remains in accordance with the provisions of the will.