In re Owens
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Albany county. Application by Margaret Owens for leave to remove the body of Ruth Owens, deceased, from the Albany Rural Cemetery. From an order granting the petition, the cemetery appeals. Reversed. Ruth Owens was buried in the Albany Rural Cemetery at the instance of her father, Richard L. Owens, who, before his death, was the owner of a lot in said cemetery. His wife, Margaret Owens, was a Roman Catholic.
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Appeal from special term, Albany county. Application by Margaret Owens for leave to remove the body of Ruth Owens, deceased, from the Albany Rural Cemetery. From an order granting the petition, the cemetery appeals. Reversed. Ruth Owens was buried in the Albany Rural Cemetery at the instance of her father, Richard L. Owens, who, before his death, was the owner of a lot in said cemetery. His wife, Margaret Owens, was a Roman Catholic. Richard L. Owens died in June, 1902, and, having become a Roman Catholic just prior to his death, was buried in St. Agnes Cemetery. His widow, and. the mother of…
1Opinion of the CourtSmith, J.
The facts presented in the petition fully justified the order made if the court had jurisdiction to make the same. I am unable to find, any statute authorizing this application. In Re Cohen (Sup.) 78 N. Y. Supp. 417, the appellate division of the Second department seems to have held that the special term was without power to make such an order unless it was authorized to make the same by some special statutory enactment. In that case an order made by the special term authorizing the removal of a body from a cemetery was reversed as unauthorized by any statute. Justice Woodward, writing for…
2Cases cited1 opinion
- In re CohenAppellate Division of the Supreme Court of the State of New York · 1902