Johnston v. Marinus
New York Supreme Court
Trial by the court. This action was brought by Eliza Johnston and others, all the surviving brothers and sisters and sole next of kin of Emma Marinus, deceased, against George E. Marinus,. the husband of the deceased, the Greenwood Cemetery Association, and the Board of Health of the City of Brooklyn, to enjoin defendant Marinus from removing the body of the deceased from the receiving vault of Greenwood Cemetery, and interring it in his lot in another cemetery and the other…
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Trial by the court. This action was brought by Eliza Johnston and others, all the surviving brothers and sisters and sole next of kin of Emma Marinus, deceased, against George E. Marinus,. the husband of the deceased, the Greenwood Cemetery Association, and the Board of Health of the City of Brooklyn, to enjoin defendant Marinus from removing the body of the deceased from the receiving vault of Greenwood Cemetery, and interring it in his lot in another cemetery and the other defendants from granting him the necessary permit to do so. The plaintiff claimed that the wife had frequently before…
1Opinion of the CourtBrown, J.
I find that the defendant in the disposition
that has been made, and in that that he proposes to make, of the body of his deceased wife, is carrying out her wishes as expressed to him shortly prior to her death. Mrs. Marinus’had a fear that she might be buried alive. I do not think that she had any objections to having her dead body placed in the ground. She so expressed herself to her husband and gave directions as to the disposition of her body after death. Those directions he is endeavoring to carry out. The husband’s right to the custody and control of his deceased wife is sustained by the…
2Cases cited1 opinion
- In re the Corporation of Brick Presbyterian ChurchNew York Court of Chancery · 1837
3Cited by14 opinions
- Koerber v. PatekWisconsin Supreme Court · 1904
- In re the Estate of JohnsonNew York Surrogate's Court · 1938
- Apostle v. PappasNew York Supreme Court · 1935
- In re RichardsonNew York Supreme Court · 1899
- Toppin v. MoriartyNew Jersey Court of Chancery · 1899
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