Legal Opinion

Matter of Currier (Woodlawn Cemetery)

New York Court of Appeals

Decided December 29, 1949PublishedCited by 56 opinions

1Opinion of the CourtFuld, J.

The courts below have granted petitioner permission to remove his mother’s body from a mausoleum in Woodlawn Cemetery to a grave in a lot nearby. Whether that determination exceeds the bounds of permissible discretion is the question for decision.

Mrs. Margaret Currier had purchased the burial lot a few months before acquiring the land on which she later erected the mausoleum, and it was in that structure that she was interred when she died some twenty years ago. It was her hope that in time her children, a son and two daughters, would be laid to rest beside her in the tomb. However, the…

2Cases cited4 opinions

  1. Yome v. GormanNew York Court of Appeals · 1926
  2. In re AckermannAppellate Division of the Supreme Court of the State of New York · 1908
  3. Cohen v. Congregation Shearith IsraelAppellate Division of the Supreme Court of the State of New York · 1906
  4. Cohen v. Congregation Shearith Israel, N.Y.New York Court of Appeals · 1907

3Cited by56 opinions

  1. Allen v. StroughAppellate Division of the Supreme Court of the State of New York · 2002
  2. Mills v. CAROLINA CEMETERY PARK CORPORATIONSupreme Court of North Carolina · 1955
  3. Orlin v. TorfAppellate Division of the Supreme Court of the State of New York · 1987
  4. In re Estate of PoldrugovazAppellate Division of the Supreme Court of the State of New York · 2008
  5. Hickey v. HickeyIndiana Court of Appeals · 1973

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