Wilson v. Read
Supreme Court of New Hampshire
Bill in Equity, for the restoration of the remains of Harriet A. Read to the place of their original interment. Trial before Peaslee, J., at the January term, 1907, of the superior court. The defendants excepted to the overruling of their demurrer and to a decree ordered for the plaintiff. Harriet A. Read, daughter of John L. and Lucy Read, died in 1855, aged seven months, and was buried in a cemetery lot owned by her father.
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Bill in Equity, for the restoration of the remains of Harriet A. Read to the place of their original interment. Trial before Peaslee, J., at the January term, 1907, of the superior court. The defendants excepted to the overruling of their demurrer and to a decree ordered for the plaintiff. Harriet A. Read, daughter of John L. and Lucy Read, died in 1855, aged seven months, and was buried in a cemetery lot owned by her father. Lucy died in 1860, and was buried by her husband in the same lot, leaving a space for a grave between hers and Harriet’s. Mary A., daughter of John L. and Lucy, diéd in…
1Opinion of the CourtParsons, C. J.
In the absence of any information as to the terms of the decree for the plaintiff, to which exception was taken, it is presumed that the decree was drawn to effect the purpose of the bill — the restoration of the remains of Harriet A. Read to their place of original interment. The fact that no trace of the remains which the plaintiff asks to have restored was discovered in the grave where they were originally buried discloses the futility of such a decree. If none was found in the grave, it is clear none can be in the place where the earth of the grave was deposited. The law does not require…
2Cases cited8 opinions
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- Trustees of the Freeholders & Commonalty of Huntington v. NicollNew York Supreme Court · 1808
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3Cited by9 opinions
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