In re McEvilly

This is an application by a widow for an order authorizing the removal and disinterment of the body of her husband, at her expense, from the grave in which it is presently interred in Calvary Cemetery to another grave in that cemetery, title to which is in the name of the decedent. The application is opposed by the decedent’s brother, the executor of his estate, who holds title to the grave in which the decedent was buried.

The petitioner does not claim that the decedent’s burial in the plot owned by his brother was accomplished against her will or without her consent. She contends, however,…