SCHMIDT v. SCHMIDT


49 Misc.2d 498 (1966)

Gertrude Schmidt, Plaintiff, v. Hugo Schmidt, Defendant.

Supreme Court, Special and Trial Term, New York County.

March 2, 1966


Attorney(s) appearing for the Case

Louis Brenner for plaintiff. Rocco S. Varlese for defendant.


OWEN McGIVERN, J.

The plaintiff herein is a widow seeking the return of her husband's ashes and requesting damages for the wrongful retention of them by her brother-in-law.

The litigation came about by the following facts: The plaintiff, Gertrude Schmidt, was married to one Alfred Schmidt on April 6, 1950. Alfred died on September 5, 1950, while at the home of his mother, at which residence the defendant brother-in-law also lived. Although the...

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