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Ecclesiastical Case Reports
Re Mangotsfield Cemetery
(Bristol Consistory Court: Behrens Ch, February 2005)
Exhumation - mistake
Mrs Suhr married W in 1968. They had a son later that year. They separated in 1971 and divorced in 1977. It is disputed whether W paid any maintenance despite a Court order. The son died in 1975 and his ashes were buried in Mangotsfield Cemetery. The plot was in the name of W only. Mrs W moved to Germany, married Suhr and died in 1995. In accordance with her wishes, but without W's knowledge, Mrs Suhr's ashes were buried with those of her son and the headstone was amended accordingly. W only discovered the true facts in 2002 having not visited his son's grave since 1986. His petition was to have his ex-wife's ashes removed and the headstone returned to the original. The chancellor found that Mrs Suhr had contributed to the cost of the plot and that the deceased firmly believed the plot belonged to her, that her second husband and widower had acted in good faith and that any failure lay with the Council who failed to check their records. He rejected W's reasons for not visiting his son's grave for 16 years. The council had offered to pay for Mrs Suhr's ashes to be removed. Her family declined the offer. The Home Office had offered for both sets of ashes to be removed and re-buried. W had rejected that offer. The chancellor extensively reviewed the law and, taking into account the general presumption against exhumation, the length of time since interment, the opposition of Mrs Suhr's family and W's callous behaviour, dismissed the petition.
[JG]
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