Green v. Danahy
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on September 19, 1912, by the holder of a certificate for a burial lot in Saint Mary’s Catholic Cemetery in Needham against the pastor in charge of that cemetery, alleging that the body of the plaintiff’s mother without the plaintiff’s knowledge or consent had been exhumed from the cemetery lot and buried elsewhere by and under the direction of the defendant, and praying, among other things, that the defendant be ordered to allow…
Read the full summary
Bill in equity, filed in the Superior Court on September 19, 1912, by the holder of a certificate for a burial lot in Saint Mary’s Catholic Cemetery in Needham against the pastor in charge of that cemetery, alleging that the body of the plaintiff’s mother without the plaintiff’s knowledge or consent had been exhumed from the cemetery lot and buried elsewhere by and under the direction of the defendant, and praying, among other things, that the defendant be ordered to allow the plaintiff to remove the body of his mother from its present place and, if the plaintiff so desired, to rebury it in…
1Opinion of the CourtCrosby, J.
The certificate which was delivered to the plaintiff by the defendant states that the right “is granted to him and the Roman Catholic members of his family to bury in Lot No. 223, Sec. A. in St. Mary’s Catholic Cemetery, Needham, Mass., subject always to the following regulations, or such others as may be from time to time prescribed in relation to burials in the said Cemetery.” Then follow several provisions, some of which relate to occupancy of the lot and others concern the manner in which interments shall be made therein. Paragraph 2 of the certificate also states that “It is to be…
2Cases cited5 opinions
- Sohier v. Trinity ChurchMassachusetts Supreme Judicial Court · 1871
- Meagher v. DriscollMassachusetts Supreme Judicial Court · 1868
- Dwenger v. GearyIndiana Supreme Court · 1888
- North Packing & Provision Co. v. LynchMassachusetts Supreme Judicial Court · 1907
- McGuire v. Trustees of St. Patrick's CathedralNew York Supreme Court · 1889
3Cited by5 opinions
- Glackin v. BennettMassachusetts Supreme Judicial Court · 1917
- Mansker v. AstoriaOregon Supreme Court · 1921
- Messina v. LaRosaMassachusetts Supreme Judicial Court · 1958
- Church of the Holy Spirit of Wayland v. HeinrichMassachusetts Supreme Judicial Court · 2023
- Minturn v. MonradDistrict Court, D. Massachusetts · 2022