New York Court of Appeals

Philip Schuyler, Respondent v. Ernest Curtis, Alice Donlevy, Appellants

November 26, 1895147 N.Y. 434

Summary

The New York Court of Appeals reversed the lower court's injunction, holding that the plaintiff could not enjoin the erection of a statue of his deceased aunt because the right of privacy does not survive death and no reasonable injury was shown. The Court emphasized that consent of descendants is not required when the purpose is to honor the deceased in an appropriate manner.