*456.* _Negroes, Indians._—The fact that a man is a negro, Indian, or other racial human being, is not good ground to prevent his burial in a cemetery.(803) *457.* _Will, Body, Custody._—Where no disposition of a body has been made by will, the surviving husband, or wife, or next of kin, has the right to the body for the purpose of burial. But the right of the surviving wife or husband, if they were living together at the time of the death of deceased, is paramount to that of the next of kin.(804) A right to the custody of the body of a deceased relative and to decide upon the final place of burial where the deceased is unmarried, is in his next of kin, and this right will be protected by the courts.(805) *458.* _Non-Residence, Burial._—Non-residence does not divest a person of the right to burial with his relatives.(806) *459.* _State, Vacate, Equity, Rule._—The State may require the removal of the bodies and vacate a cemetery without compensation to lot owners in some extraordinary cases of eminent domain or as a health measure.(807) Courts of equity exercise some discretion in cases that do not fall within this rule.(808) But the superintendent of a cemetery has no right to remove a child without the consent of the father who owns the lot.(809) *460.* _Consent, Bishop, Removal._—With the consent of deceased’s husband before the funeral, the father of deceased paid for the lot in which his daughter wished to be buried with her parents. Her mother being dissatisfied with the location, the lot was subsequently exchanged for another in the same cemetery; but after preliminary arrangements had been made, the son-in-law applied to a court of equity for a writ restraining the father and the bishop from removing the body. The bishop answered that he was willing to conform to any order of the court. The court held that by acceding to his wife’s request and allowing her father to bury her in the first instance, and by standing mute while the arrangements for the removal of the body were being made, the husband had no right thereafter to prevent the removal of his wife’s body.(810) *461.* _Court, Remove, Consent._—In a proper case a court may grant a decree to remove the body of a relative from one cemetery to another.(811) Otherwise no one has the right to exhume or remove a body without the consent of those having charge of the cemetery and of those having the right of burial, as consort or the next of kin. In some States the offense is a felony.(812) In Nebraska, at least, those who have the legal right to bury a relative may remove his body from one Catholic cemetery to another without the consent of the bishop.(813)