New York City, N.Y., Mar 5, 2019 / 04:26 pm (CNA).- A New York appeals court has unanimously ruled that the earthly remains of Venerable Fulton Sheen should be moved to Peoria, Illinois – a ruling that could pave the way for the archbishop’s beatification unless there is another appeal.
A statement from the Diocese of Peoria on Tuesday welcomed the decision and called on the Archdiocese of New York “to end their failed legal contestation, which has only resulted in three rulings against them.”
“Further appeal is not only unprecedented but extremely costly to all the parties involved…Now is the time to end the legal tug-of-war and begin the final stages of the Cause of Beatification of Archbishop Fulton Sheen,” the Peoria statement said.
Joe Zwilling, spokesman for the Archdiocese of New York, said the Trustees of St. Patrick’s Cathedral disagree with the court decision and are considering their next steps, the Peoria Journal Star reported.
The Peoria diocese opened the cause for Sheen’s canonization in 2002 after Archdiocese of New York said it would not explore the case. In 2012, Benedict XVI recognized the heroic virtues of the archbishop.
However, Bishop Daniel Jenky of Peoria suspended the beatification cause in September 2014 on the grounds that the Holy See expected Sheen’s remains to be in the Peoria diocese.
The Archdiocese of New York, however, has said that Vatican officials have said the Peoria diocese can pursue Sheen’s canonization regardless of whether his body is at rest there.
Sheen was born in Illinois in 1895, and was ordained a priest of the Diocese of Peoria at the age of 24. He was appointed auxiliary bishop of New York in 1951, and he remained there until his appointment as Bishop of Rochester in 1966. He retired in 1969 and moved back to New York City until his death in 1979.
Sheen’s will had declared his wish to be buried in the Archdiocese of New York Calvary Cemetery. Soon after Sheen died, Cardinal Terence Cooke of New York asked Joan Sheen Cunningham, Sheen’s niece and closest living relative, if his remains could be placed in the crypt of St. Patrick’s Cathedral in New York City, and she consented.
However, Cunningham has since said that Sheen would have wanted to have been interred in Peoria if he knew that he would be considered for sainthood. In 2016, she filed a legal complaint seeking to have her uncle’s remains moved to the Cathedral of St. Mary in Peoria.
An initial court ruling had sided with Cunningham, but a state appeals court overturned that ruling, saying it had failed to give sufficient attention to a sworn statement from a colleague of Archbishop Sheen, Monsignor Hilary C. Franco, a witness for the New York archdiocese.
Msgr. Franco had said that Sheen told him he wanted to be buried in New York and that Cardinal Cooke had offered him a space in the crypt of St. Patrick’s Cathedral.
The appeals court ordered “a full exploration” of the archbishop’s desires.
Last June, the Superior Court of New York ruled in favor of Cunningham’s request that Sheen’s body be moved to Peoria. The Archdiocese of New York then announced that the Trustees of St. Patrick’s Cathedral were appealing the decision.
Now, a New York appellate court has again sided with Cunningham, ruling 5-0 that Peoria may have the body. The court found that Sheen lived his life with heaven and sainthood as his ultimate goals, which should be considered in the present dispute.
The Diocese of Peoria voiced hope that the beatification efforts for Sheen may now move forward, with Sheen’s body in Peoria. In its statement, the diocese said that the courts have now had ample opportunity to consider the arguments raised by New York, but have ultimately found them unavailing