Legal Opinion
In Re: Remains of Chester Howard West
West Virginia Supreme Court
Decided June 7, 2017No. 16-0410Separate
1Opinion of the Court
No. 16-0410 - In re: The Remains of Chester Howard West FILED June 7, 2017 released at 3:00 p.m. RORY L. PERRY, II CLERK SUPREME COURT OF APPEALS LOUGHRY, Chief Justice, dissenting: OF WEST VIRGINIA “‘[A]s to the dead, who are not here to answer for themselves, it would be the height of injustice and cruelty to disturb their ashes, and violate the sanctity of the grave[.]’” Haudenschilt v. Haudenschilt, 129 W.Va. 92, 121,
39 S.E.2d 328, 343
(1946) (Kenna, J., dissenting) (internal citation omitted). Yet, the majority of this Court has done just that and, in the process, they have opened…
2Cases cited5 opinions
- Sacred Heart of Jesus Polish National Catholic Church v. SoklowskiSupreme Court of Minnesota · 1924
- Haudenschilt v. HaudenschiltWest Virginia Supreme Court · 1946
- Grisso v. NolenSupreme Court of Virginia · 2001
- In re the Estate of ElmanNew York Supreme Court · 1991
- Progressive Fire Insurance v. BrinsonCourt of Appeals of Georgia · 1953