Theodore v. Theodore

SADLER, Chief Justice.

The plaintiff below is an appellant here. She seeks a declaratory judgment against the defendant, who is a brother of her deceased husband, upholding ■ her claim of right as the surviving widow of decedent to disinter his body where it lies in South Park Cemetery in the city of Roswell, New Mexico, and to inter it again in a location of her choice. After trial the court declared the plaintiff without the right claimed and that she should be enjoined from removing the body from its resting-place in the cemetery where it lay. This appeal followed.

The plaintiff and decedent…