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NY Women Sue Cemetery: Mom Buried in Wrong Grave

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By Stephanie Rabiner, Esq. on July 13, 2011 6:47 AM

Though they've been visiting New Jersey's Rosehill Cemetery for over 20 years, sisters Evelyn and Hortense Edwards have only recently learned that their mother is not buried in her supposed resting place.

The two Queens women have now filed a federal suit against the Cemetery, claiming breach of contract and asking for $25 million.

They also want Rosehill to determine the exact location of their mother.

In 1990, Evelyn and Hortense Edwards purchased a plot from Rosehill Cemetery where they were to be buried next to their mother, reports the Daily News. However, after complaining about the plot's disrepair to an employee, they learned that her mother was not buried there, but was instead interred 90 feet away.

The cemetery has reportedly agreed to dig up their mother's casket to verify her location, but the paper reports that the release requires the women to be solely responsible for any injuries or damages that occur.

They obviously have not agreed to take on such liability.

From these facts alone, it appears as though the sisters have a valid breach of contract lawsuit against the cemetery.

The contract was not for the interment of three bodies in the cemetery, but instead for interment in a specific plot large enough for the women to share. The cemetery seemingly did not fulfill its obligations.

However, unless there's a corresponding negligence or emotional distress claim against Rosehill Cemetery, Evelyn and Hortense Edwards are unlikely to recover $25 million, as contract damages are based on monetary value and do not ordinary include punitive amounts.

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