Birch v. Birch

The plaintiff is the widow of John Birch, deceased. His body is buried in the family plot in the White Plains Rural Cemetery. The defendant Charles Birch is the sole executor under the last will and testament of the deceased and is acting.as such.

There is a dispute between the widow and the executor as to her exclusive right to select the kind of monument to be erected on the grave of the deceased with inscription thereon.

The plaintiff brings this action and seeks to enjoin the defendants from interfering with her right as the widow to erect a suitable monument on said plot without any…