10 N.Y.S. 682 | N.Y. Sup. Ct. | 1890
The demurrer admits that plaintiffs’ ancestor set apart a portion of his lands as a burial place whereon many members of plaintiffs’ family have been buried; and that, upon conveyance of the lands to defendant’s predecessor in title, said ancestor reserved to himself and his heirs forever the right of interment in the land set apart for that purpose, and also right of way to the same. The plaintiffs’ ancestor is dead, and defendant is proceeding to level off the graves, tear down head-stones, destroy the inclosing fence,
All concur.