Toppin v. Moriarty

Stevens, V. C.

The complainant seeks by injunction to restrain the defendant "Moriarty from interfering with the removal of the remains o.f his daughter, Margaret, from one plot to another in the Eoman Catholic Cemetery of the Holy Name.

The deceased was the wife of the defendant Moriarty. She died on January 10th, 1896, having been married to him about ¿five years. She left no will, and in September, 1896, her hus*116band took out letters of administration on her estate. On her deathbed she expressed a wish to be buried in the same plot with her father and mother. To carry out this wish her father…