Re: Cheddar Churchyard (Bath & Wells Consistory Court, Newsom Ch. 11 August 1988)

A petition by the son of A.J.D. deceased, and the person in whom the coffin and memorial stone were vested, for the removal of the deceased's remains from Cheddar Churchyard was opposed by the deceased's parents. The purpose of the petition was to enable the deceased's remains to be re-buried with those of her husband in Epsom. Although the husband during his lifetime had wished that this should be done, on the evidence the deceased had expected to be buried in Cheddar and was content that that should be so. There was no evidence that the deceased ever expressed a wish covering what was being proposed. The decided cases of Re: Dixon (1892) P.386 and Re: Matheson (1958)1WLR246 were not directly in point because neither was an opposed petition. There was no general rule of law or practice that husband and wife should be buried together. The primary purpose of interment in consecrated ground was to protect the remains of the deceased; that would be completely effected by leaving the deceased's remains where they were. The grave was well tended. In any event, if the husband's main desire had been to be buried with his wife, he could have directed his executrix to have his remains interred at Cheddar. The Chancellor dismissed the petition.

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(1989) 1:4 Ecc LJ 7