City filed petition for permission to disinter Confederate general’s remains from city-owned property and reinter them in cemetery, and to gift monument erected above remains to museum.
The Richmond Circuit Court rejected general’s collateral descendants counterclaim, and granted city’s petition. Descendants appealed.
The Court of Appeals held that:
- Descendants’ agreement to remove general’s remains from city property and to relocate monument precluded them from objecting to city’s relocation of monument on ground that monument site was publicly owned cemetery, and
- City, rather than general’s collateral descendants, owned monument.