Richards v. North West Protestant Dutch Church
New York Supreme Court
The complaint sets up a claim to a vault in the grounds of this church on Franklin street, under the following deed: The parties of the first part “ for and in consideration of the sum of two hundred dollars, current money of the United States of America, to them in hand paid by the party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents,…
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The complaint sets up a claim to a vault in the grounds of this church on Franklin street, under the following deed: The parties of the first part “ for and in consideration of the sum of two hundred dollars, current money of the United States of America, to them in hand paid by the party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents, do grant, bargain, sell and convey unto the said party of the second part, and to his heirs and assigns forever, all…
1Opinion of the Court
Roosevelt, Justice.
The plaintiffs claim to be vault owners, in the church-yard of the Dutch church in Franklin street, lately sold under an order of the court.
Tliey demand that the defendants be 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…
2Cases cited1 opinion
- Vielie v. OsgoodNew York Supreme Court · 1849
3Cited by3 opinions
- Lott v. PayneMississippi Supreme Court · 1903
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- Schultz v. BradleyNew York Court of Common Pleas · 1871