Legal Opinion
In re Forrisi
New York Supreme Court
Decided February 10, 1939PublishedCited by 6 opinions
1Opinion of the CourtDaly, J.
Petitioner seeks an order for the removal of the body of his deceased son from one plot to another owned by him in Calvary Cemetery. The only one opposing the application is his daughter-in-law, the decedent’s widow.
It is well settled in this State “ that in the absence of testamentary disposition to the contrary, a surviving husband or wife or the next of kin have the right to the possession for the purpose of burial or other disposition which they may see fit to make of the body of a deceased relative.” (Stahl v. Necker, Inc., 184 App. Div. 85, 90.)
However, in Larson v. Chase (47 Minn. 307;…
2Cases cited3 opinions
- Larson v. ChaseSupreme Court of Minnesota · 1891
- Darcy v. . Presbyterian HospitalNew York Court of Appeals · 1911
- Stahl v. William Necker, Inc.Appellate Division of the Supreme Court of the State of New York · 1918
3Cited by6 opinions
- Lubin v. Sydenham Hospital, Inc.New York Supreme Court · 1943
- In re HerskovitsNew York Supreme Court · 1944
- Maurer v. ThibeaultNew York Supreme Court · 2008
- In re SalomonNew York Supreme Court · 2003
- Cabot v. Roman Catholic ChurchNew York Supreme Court · 1968
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