Richards v. Northwest Protestant Dutch Church
New York Supreme Court
THIS was an action to obtain a perpetual injunction against the defendants, to restrain them from removing the remains of the plaintiff's relations from a certain vault owned by the plaintiff, and from destroying the vault. The church was located in Franklin street, in the city of New York, and by the deed for the vault to the plaintiff, it was stipulated in precise terms that the vault should “ never be dug up, disturbed or destroyed.”
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THIS was an action to obtain a perpetual injunction against the defendants, to restrain them from removing the remains of the plaintiff's relations from a certain vault owned by the plaintiff, and from destroying the vault. The church was located in Franklin street, in the city of New York, and by the deed for the vault to the plaintiff, it was stipulated in precise terms that the vault should “ never be dug up, disturbed or destroyed.” The complaint in the action set forth that the officers of the church had agreed to sell the property, including the above vault, and that they had already…
1Opinion of the CourtRoosevelt, J.
The plaintiffs claim to he vault owners in the church-yard of the Dutch church in Franklin street, lately sold under an order of the court. They demand that the defendants he compelled to replace the bodies which have been removed to Greenwood, to restore the vault to its original state, and to refrain, under pain of commitment, from any further interference with their rights.
The character and legal attributes of burial property, as distinguished from ordinary absolute ownership in fee, are not perfectly clear. In the present case a preliminary injunction was at first granted by one of the…
2Cases cited2 opinions
- In re the Corporation of Brick Presbyterian ChurchNew York Court of Chancery · 1837
- Vielie v. OsgoodNew York Supreme Court · 1849
3Cited by11 opinions
- Bessemer Land & Improvement Co. v. JenkinsSupreme Court of Alabama · 1895
- Partridge v. First Independent ChurchCourt of Appeals of Maryland · 1874
- Dwenger v. GearyIndiana Supreme Court · 1888
- Humphrey v. Board of Trustees of Front Street Methodist Episcopal ChurchSupreme Court of North Carolina · 1891
- Gardner v. Swan Point CemeterySupreme Court of Rhode Island · 1898
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