MATTER OF CURRIER (WOODLAWN CEMETERY)


300 N.Y. 162 (1949)

In the Matter of the Application of Arthur B. Currier, Respondent. Woodlawn Cemetery, Appellant.

Court of Appeals of the State of New York.

Decided December 29, 1949


Attorney(s) appearing for the Case

Edward I. Devlin, Jr., for appellant.

Max Epstein for respondent.

LEWIS, DESMOND and DYE, JJ., concur with FULD, J.; CONWAY, J., dissents in opinion in which LOUGHRAN, Ch. J., and BROMLEY, J., concur.


FULD, J.

The courts below have granted petitioner permission to remove his mother's body from a mausoleum in Woodlawn Cemetery to a grave in a lot nearby. Whether that determination exceeds the bounds of permissible discretion is the question for decision.

Mrs. Margaret Currier had purchased the burial lot a few months before acquiring the land on which she later erected the mausoleum, and it was in that...

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