Clarke v. Keating
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George Clarke, from so much of an interlocutory judgment of the Supreme Court in favor of the respondents, entered in the office of the clerk of the county of Westchester on the 16th day of January, 1918, as directs that the sale of certain premises in foreclosure shall be subject to certain burial rights of the defendants.
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Appeal by the plaintiff, George Clarke, from so much of an interlocutory judgment of the Supreme Court in favor of the respondents, entered in the office of the clerk of the county of Westchester on the 16th day of January, 1918, as directs that the sale of certain premises in foreclosure shall be subject to certain burial rights of the defendants. This suit concerned the Purdy burying ground of about a quarter acre in extent, with an appurtenant right of way out to West street, Harrison, in Westchester county.
1Opinion of the Court
Putnam, J.:
Caleb Purdy’s will, probated in 1794, after devising a described lot, continued: “ Reserving at the same time a privilege to my family forever of going to and from a burying place in Lot No. 3, through the same and burying their dead there if they incline so to do.”
This burial place had' been set apart in the testator’s lifetime. Up to ten years ago about seventy interments had been made in this Purdy burying ground. They ceased in 1907. The last burial was of a child in an unnamed grave. Instead of leaving the bodies in this inclosure, which was becoming neglected and run down,…
2Cases cited10 opinions
- Campbell v. City of KansasSupreme Court of Missouri · 1890
- Partridge v. First Independent ChurchCourt of Appeals of Maryland · 1874
- Satterlee v. . KobbeNew York Court of Appeals · 1903
- Coates v. Mayor, Aldermen, & Commonalty of New YorkNew York Supreme Court · 1827
- Buffalo City Cemetery v. . City of BuffaloNew York Court of Appeals · 1871
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3Cited by14 opinions
- Fairlawns Cemetery Assn., Inc. v. Zoning CommissionSupreme Court of Connecticut · 1952
- Mansker v. AstoriaOregon Supreme Court · 1921
- A. F. Hutchinson Land Co. v. Whitehead Bros.New York Supreme Court · 1926
- Bockel v. Fidelity Development Co.Court of Appeals of Texas · 1937
- Holden v. PalitzNew York Supreme Court · 1956
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