Mr Ellis' children petitioned for the exhumation of his remains from this churchyard, where they had been interred in 1994, for their re-interment with the remains of his wife, who had been interred in the nearby Kirkley Cemetery in 2015. It had been the expressed wishes and intention of both Mr and Mrs Ellis in their lifetimes that their remains should be interred together, but when Mrs Ellis died her will stated that her remains should be interred in a family grave at Kirkley Cemetery. There was some suggestion that Mrs Ellis had been manipulated into changing her will, while vulnerable, by certain family members, but no findings were made in that respect. In the mistaken belief that they were legally obliged to comply with the expression of wishes in Mrs Ellis' will, her children interred her remains in Kirkley Cemetery and then promptly applied for the exhumation of their father's remains to be re-interred with their mother's. The chancellor referred to the decision of Re St Peter, Dunchurch (Coventry Consistory Court, 31 July 2013) and held that the mistake in relation to the burial of Mrs Ellis' remains had affected the grave of Mr Ellis' remains in that it was no longer possible to fulfil the intentions that his wife's remains would join his. His remains had been buried in a wooden casket, whereas Mrs Ellis' remains had been buried in a cardboard box, such that the exhumation of Mr Ellis' remains in a dignified and secure manner was likely to be much easier. The maintenance of the family grave was to be encouraged and the promptness of the application after Mrs Ellis' death ameliorated and explained the delay since Mr Ellis' interment. These factors together amounted to a special reason why an exception should be made to the permanence of Christian burial. A faculty was granted. [RA]
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