3 Misc. 2d 143 | N.Y. Sup. Ct. | 1956
Petitioner, pursuant to section 89 of the Membership Corporations Law, applies for an order permitting disinterment and reburial of the remains of her deceased husband. The surviving children of the deceased, both of whom are adults, consent that the relief prayed for in the petition be granted.
The deceased is presently interred in a grave in a plot owned by decedent’s sister. Reburial is sought in a plot in the same cemetery, which plot petitioner has contracted to purchase and which is intended to receive the remains of the decedent and petitioner in adjacent graves. The application is opposed by the decedent’s sister, it being stated by her that she has no objection to the burial of petitioner in a grave adjoining that of the decedent in the plot owned by her (the sister). Petitioner, replying to the offer made by the objectant, expresses a fear that her grave may not be accorded the honor deserving of a last resting place because of differences that have arisen between petitioner and objectant.
Where judicial sanction is sought to disturb the quiet of the grave there must be considered the wishes of the deceased, to
The application is granted to the extent of permitting disinterment and reburial in the same cemetery and approving removal of the monument and footstone erected at the grave of the deceased, all expenses of which are to be borne by petitioner. The petitioner is directed to secure a bond with corporate surety in the amount of $250 to insure restoration of the present plot of interment and to insure against damage to other plots in the vicinity.