The evening times., 1902-04-22
SUED TOR BODY OF
HIS DEAD MOTHER
Order Obtained by William
Gracey Quickly Dismissed.
Baltimore Judge Decides Against Per
uaitting Woman's Son to Give Her
christian Burial"

BALTIMORE. APRIL 22.-Quick work was
dcne in the circuit court yesterday with
suit instituted by William GTaeey TO
obtain possession Of the dead body Of his
mother. Mrs. Ellen Gracey. Upon Mr.
Gracey's bill of compIeint Judge stock
bridge ordered MIR. and Mrs. Albert Share
and Mrs. Elizabeth hubbard. the defend
ants in the case, to show cause in twenty
four hours why they should not be re-
ouired 70 deliver to Mr.. Gracey the dead
body CT his mother.
Mr. Share was sooh served with notice
OF the order, and he was not long in
notifying Mr.. Thomas Ireland Elliott, his
attorney. Mr. Elliott hastily drew up an
answer to the bill of complaint. anI hur-
ried over to court Judge Stoekbridge
heard the case at once, with the result
that the order obtained by Mr. Gracey was
reseinded. The body OF Mrs. Gracey was
thereby allowed to remain in the posses
sion OF Mr. and Mrs. Share and Mrs. Hub
bard
Tae controversy is one Of the results OF
4 suit instituted by Mrs. Gracey last Janu-
AIRY to obtain her alleged rights under the
viii Of her husband, Hugh Graeey- She
alleged that she had been turned out Of
her home by her sons wife Mr. -Gracey.
tI3e son, IS g -bEfeklayef and lives at 1903
East Monument Street Mrs Hubbard is
his mothers sister and Mrs. Share is Mrs
fubbards daughter Mr. and Mrs. saare
live at 1912 North Gay Street.
The bill of complaint was sworn to By
Mr Graeey before Justice OF the Peace
John Behrens and was fled BY Emil Bud
nitz, attorney 1t stated that Mrs
lsFacey died, last Saturday, leaving the
complainant. as her only child, heir-at-
law and next of kin. At the time of her
death Mrs. GFaeay had been living at the
home Of the defendants, Mr.. and Mrs.
Share and Mrs Hubbard, about nine
moI.ths. Prior to that time she had lived
with the family Of her son, the complain
ant
Through the Vaccinations and undue
influence Of the defendants. Mr.. GFacey
alleged. his mother was persuaded to
leave his home Upon her death Mr..
Gracey went to the defendants home and
demanded possession of her remains. in
order. as he states that he might pro-
vide suitable burial for her. but the de-
fendants refused to give up the body.
Mr. Gracey. the bill of complaint also
stated is firm believer in the Christian
religion and as the only son OF Mrs
GTacey he is entitled by law to have the
custody Of her remains for the purpose Of
Christian burial" The defendants were
characterized by Mr.. GTacey as persons
OF no financial responsibility, and an ae-
tion at law for damages. in adition to the
improbatiiity OF compelling them to pay
the same, would be of no adequate com
pensation for the wrong and injury to his
feelings in being deprived of the sad duty
OF placing the remains CT his mother at
rest -
The answer OF the defendants. which
was also sworn TO, denied that Mrs
Graeey vas induced by the defendants to
live at their home, but did so v0Iuntar-
ily because Of the unnatural conduct Of
her =oH. the complainant. It was Mrs.
Grseey's expressed wish. the answer as
serted, that she should be buried from the
house in which she had lived and died,
and should receive the last funeral rites
at the hands CT those who had admins
tered To her during her last sickness.