Hacker v. Hacker — 102 N.Y.S. 1138

Majority

p. 1138

HACKER, Appellant, v. HACKER, Respondent.

(Supreme Court, Appellate Division, First Department.

February 25, 1907.)

Headnote

Appeal from Special Term, New York County. Action by Caroline Hacker against Henry S. Hacker. From a judgment of dismissal after trial plaintiff appeals. Modified and affirmed. Saniuel H. Wandell, for appellant. Samuel Lewis, Jr., for respondent.

The judgment entered in this action should be modified by inserting at the foot of it, pursuant to the written stipulation of the respective parties, as follows: "It is further ordered, adjudged, and decreed that the plaintiff, Caroline Hacker, is entitled to have the bodies of her husband, Elkan S. I-Tacker, and of her children, So~omon Hacker and Jennie Hacker, degeased, remain permanently entombed in plot No. 6. section 13, Mount I-lope Cemetery, Jamaica, Long Island, where they are now buried; and also that the plaintiff, Caroline Hacker, is entitled to have her own body interred in said plot at the time of her decease, and that she is further entitled to have the bodies of such of her children as may die unmarried interred in said plot." and as thus amended affirmed,. without costs to either party.