Whittemore v. Woodlawn Cemetery
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure. This case comes before this court upon an agreed statement of facts and submission of controversy, in accordance with the provisions of section 1279 of the Code of Civil Procedure. The question submitted is, as to the proper disposition of a fund arising from the taking of certain lands of the defendant by the city of Sew York under condemnation proceedings.
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Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure. This case comes before this court upon an agreed statement of facts and submission of controversy, in accordance with the provisions of section 1279 of the Code of Civil Procedure. The question submitted is, as to the proper disposition of a fund arising from the taking of certain lands of the defendant by the city of Sew York under condemnation proceedings. The defendant is incorporated under. the general law entitled, “ An Act authorizing the incorporation of rural cemetery…
1Opinion of the Court
Hatch, J.:
We think the questions presented by this submission may be solved with approximate accuracy when the title under which' the cemetery association holds is clearly understood. By the provisions of the statute the land is dedicated, when acquired by the corporation, to cemetery purposes. As between the purchaser of a lot and the association, the former only acquires an easement in the lot so purchased for burial purposes. Such easement, however, is irrevocable and continues during the time that the plots or lots continue to be used for such purpose. The title to the land, however,…
2Cases cited4 opinions
- Livingston v. TompkinsNew York Court of Chancery · 1820
- Buffalo City Cemetery v. . City of BuffaloNew York Court of Appeals · 1871
- Baxter v. LansingNew York Court of Chancery · 1838
- Thacher v. Hope Cemetery Ass'nNew York Court of Appeals · 1891
3Cited by7 opinions
- In re Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- Grove Hill Realty Co. v. Ferncliff Cemetery Ass'nNew York Court of Appeals · 1960
- American Exchange National Bank v. Woodlawn CemeteryAppellate Division of the Supreme Court of the State of New York · 1907
- In re ChaunceyAppellate Division of the Supreme Court of the State of New York · 1920
- Keith v. Maple Grove Cemetery Ass'nNew York Supreme Court · 1955
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