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Ecclesiastical Case Reports

Re Johnson


(Birmingham Consistory Court: Cardinal Ch, May 2005)

Exhumation - lapse of time


The Petitioner sought a faculty to exhume the ashes of his late wife's parents, interred at St Paul's, Blackheath and to scatter them in the Garden of Remembrance in Lodge Hill crematorium, where his own parents are scattered. This was in accordance with his late wife's wishes. The chancellor considered Re Atkins [1989] 1 All ER 14 and Re Christ Church Alsager [1999] 1 All ER 117 and concluded there was no good or proper reason to grant the petition as it related to individuals who had died 40 and 27 years ago respectively, it would cause distress and a late change of mind by a relative was insufficient reason.

[JG]

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