EQUITY-DISINTERMENT OF DEAD BODY BURIED IN ANOTHER'S LAND

Conn, Richard H.

Journal: Michigan Law Review

Volume: 47

First Page: 418

Year: 1949

Bluebook Citation: 47 MICH. L. REV. 418 (1949)

Author: Richard H. Conn: all 4 publications


Abstract

Complainant sought a decree in equity compelling defendant, administratrix of the estate of one Abram London, to remove the body of deceased from a grave on land belonging to complainant. Complainant had purchased the land in 1934, but through error of the cemetery officials it was resold to London in 1944. London's wife was buried in the adjacent plot. Defendant contended that the relief requested would transgress London's wish to be buried adjacent to his wife.

Held, decree granted. The body of a person buried in a grave belonging to another is not properly buried, and the court will direct that the body be removed from such grave. Glatzer v. Dinerman, (N.J. 1948) 59 A. (2d) 242.

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