Opinion
June 1, 1943.
Appeal from order, dated January 21, 1943, granting reargument and upon such reargument adhering to the original decision, which denied appellant's application for permission to remove the body of her deceased husband from its burial place in Mount Zion Cemetery to the family plot of appellant in Mount Judah Cemetery.
Order reversed on the law, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs. The deceased died on March 5, 1930, and was buried in a plot owned by the Independent Zoleszczyker Kranken Unterstustzungs Verein, of which neither appellant nor deceased was a member. The appellant subsequently acquired a private family plot in another cemetery, where all the members of her family may be buried, and she sought an order permitting the removal of her deceased husband to that plot. Although the consent of the two children of deceased is not required under section 89 of the Membership Corporations Law, because they are not of full age, still they join in the application. The only objector to the disinterment was the society. In our opinion, under the circumstances disclosed by this record, the motion should have been granted. Appeal from original order, dated December 8, 1942, dismissed, without costs. Close, P.J., Hagarty, Carswell, Johnston and Lewis, JJ., concur.