MATTER OF BERTHEAS


277 A.D. 984 (1950)

In the Matter of the Removal of the Bodies of Claude Bertheas and Another, Deceased. John A. Bertheas, et al., Respondents; Green-Wood Cemetery, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 2, 1950.


Order granting application for disinterment of two bodies from a lot in a cemetery reversed on the law and the facts, with $10 costs and disbursements, and motion denied, with $10 costs.

The granting of the application was an improvident exercise of discretion in that one of the bodies has been interred for thirty-six years and that the deceased persons, husband and wife, are buried in a permanent family plot large enough to accommodate the children who are enabled...

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