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MATTER OF BRIGGS v. HEMSTREET-BRIGGS

256 A.D.2d 894 (1998)

681 N.Y.S.2d 853

In the Matter of JON A. BRIGGS, as Executor of HARVEY D. BRIGGS, Deceased, Appellant, v. ALICIA HEMSTREET-BRIGGS, Respondent.

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

Decided December 17, 1998.

Carpinello, J.

Five events during a four-year period have culminated in the instant proceeding seeking the disinterment of the remains of Harvey D. Briggs (hereinafter decedent). On January 23, 1992, decedent's wife of nearly 50 years died and was buried in the Briggs family plot in the Cobleskill Cemetery in the Village of Cobleskill, Schoharie County. This plot, as well as a joint headstone placed thereon containing, inter alia, decedent's name and date of...

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