THE GRAVE of a young husband and father of two who died in January 1995 aged 24 has become the centre of a family dispute, and his body may be exhumed, the High Court was told yesterday.
The dispute arose when his widow wanted to put her own headstone on the grave, which is in her late husband's family plot. She placed her headstone referring to the fact that he left a widow and two young daughters.
When she returned on St Stephen's Day 1995 she found it had been thrown aside, the court was told.
Mr Anthony Foley is buried in Glenmult Cemetery, some miles from Midleton, Co Cork, in the same plot as his grandfather, Mr John O'Keeffe. The existing head stone refers to Mr O'Keeffe and the fact that his grandson was also buried there.
His widow, Ms Frances Foley, Beechwood Drive, Midleton, wants her husband's body exhumed and buried elsewhere.
Yesterday Mr Adrian Hardiman SC, for Mr Ned Foley, the deceased man's father, and his grandmother, said it was a sad and sensitive case.
Mr Anthony Foley was buried in a grave which was the property of his grandmother. The interment took place on January 9th 1995.
There was an existing headstone on the grave, and Ms Foley added another before Christmas 1995. The second headstone was moved slightly, and matters came to a head. Ms Foley then took certain steps and applied to the local authorities for permission to exhume the remains.
She also applied to the local Catholic bishop. There was no objection, assuming she had the consent of the grave owner, the deceased man's grandmother.
Mr Hardiman said proceedings were taken and came before the Cork Circuit Court on December 20th last. However, there was a dispute about the order that was made. Both sides had agreed to the exhumation by consent, but the judge had added a condition, by nominating the firm of undertakers to move the body.
Ms Foley disagreed with the condition.
Mr Joseph Ward, for Ms Foley, said his client's husband had been buried in his family plot. Ms Foley wanted a memorial headstone placed referring to the fact that he died leaving a widow and two young daughters, Chloe and Kate.
When she visited the grave on St Stephen's Day, she found the headstone thrown to one side. She was the next of kin, and her headstone had been interfered with.
He said that Ms Foley had agreed to be responsible for the exhumation, but the other side wanted to bring in an out of town undertaker who would cost his client a lot of money. The defendants wanted to make paupers of the widow and two young children. Mr Ned Foley was a self made man.
Mr Justice Johnson said they should return to the Cork Circuit Court to have the order clarified. He adjourned the matter until Friday week.