Wynkoop v. Wynkoop
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Schuylkill county. This was an appeal by Angelina C. Wynkoop et al. from the decree of the Common Pleas, enjoining them from preventing the removal of the remains of the late Colonel F. M. Wynkoop from Mount Laurel Cemetery, at Pottsville, to the Laurel Ilill Cemetery, at Philadelphia.
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Appeal from the Common Pleas of Schuylkill county. This was an appeal by Angelina C. Wynkoop et al. from the decree of the Common Pleas, enjoining them from preventing the removal of the remains of the late Colonel F. M. Wynkoop from Mount Laurel Cemetery, at Pottsville, to the Laurel Ilill Cemetery, at Philadelphia. The case was this: — Colonel Francis M. Wynkoop died suddenly, from an accidental gunshot wound, at his residence at Valencia, Schuylkill county, on the 13th of December 1867. His body, very shortly after his decease, was removed to the residence of his brother-in-law, Thomas I.…
1Opinion of the Court
The opinion of the court was delivered, April 21st 1861, by
Read, J.
So universal is the right of sepulture, that the *301common law, as it seems, casts the duty of providing it, and of carrying to the grave, the dead body decently covered, upon the person under whose roof the death takes place; for such person cannot keep the body unburied, nor do anything which prevents Christian burial; he cannot, therefore, cast it out, so as to expose the body to violation, or to offend the feelings or endanger the health of the living; and for the same reason, he cannot carry the dead body uncovered to the…
2Cases cited1 opinion
- Lawall v. KreidlerSupreme Court of Pennsylvania · 1832
3Cited by15 opinions
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- Estate of WebbSupreme Court of Pennsylvania · 1895
- Kreeger's EstateSupreme Court of Pennsylvania · 1923
- Newman v. SathyavaglswaranCourt of Appeals for the Ninth Circuit · 2002
- Curlin v. CurlinCourt of Appeals of Texas · 1921
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