The parents of Mr Dickson, who had died aged 27 years, had been granted a faculty for the reservation of the only plot adjacent to his grave. Eighteen months after the reservation, another parishioner, Mr Garrett, was buried in the reserved plot as a result of the mistake of the incumbent in not properly marking the reservation either on the ground or in the parish records. The mistake caused much distress and adverse local publicity. The incumbent sought a faculty for the exhumation of Mr Garrett's remains and their reburial elsewhere in the churchyard in order to honour the reservation by the Dicksons. The Garrett family objected to the exhumation. The chancellor noted the conflict between the principle that Christian burial should be final and the principle that the right granted under a faculty for a reservation should not be lost through mistake. The chancellor stated that it was his task to create the least injustice possible in the circumstances. He granted the faculty for the exhumation of Mr Garrett and his reburial in an adjoining plot. [RA]
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