Legal Opinion

Coppers' Case

New York Supreme Court

Decided September 15, 1879Published

Denis Coppers died on August 14, 1879, and his will directed the interment of his body in his burial lot in Calvary cemetery, which belongs to the trustees of St. Patrick’s cathedral; and expressed a wish that his ■funeral services be in some Protestant Episcopal church, and under the direction of the order of Eree Masons. Some years before, he had paid to the superintendent of the cemetery the purchase-money of a plot, taking a receipt therefor.

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Denis Coppers died on August 14, 1879, and his will directed the interment of his body in his burial lot in Calvary cemetery, which belongs to the trustees of St. Patrick’s cathedral; and expressed a wish that his ■funeral services be in some Protestant Episcopal church, and under the direction of the order of Eree Masons. Some years before, he had paid to the superintendent of the cemetery the purchase-money of a plot, taking a receipt therefor. The day after the death, an undertaker, at the request of the brothers of the deceased, applied at the office of the cemetery and paid for the…

1Opinion of the CourtWestbrook, J.

The first of the above entitled matters is a proceeding by mandamus, instituted by three brothers, who are the nearest of kin to one Denis Coppers, deceased, with the exception of two minor children of the ages of nine and thirteen years respectively, to compel the interment by the respondents of the body of the said deceased in Calvary cemetery, in a ■lot purchased by him in his lifetime ; and the second is an action brought by such brothers in this court to prevent the removal by the defendants of the body of said Denis Coppers from the receiving vault of said cemetery, except for the…

2Cases cited13 opinions

  1. Bouldin v. AlexanderSupreme Court of the United States · 1872
  2. Sohier v. Trinity ChurchMassachusetts Supreme Judicial Court · 1871
  3. Adriance v. RoomNew York Supreme Court · 1868
  4. Fitzgerald v. RobinsonMassachusetts Supreme Judicial Court · 1873
  5. In re the Corporation of Brick Presbyterian ChurchNew York Court of Chancery · 1837

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