Civil appeals court dismisses legal challenge, says Sheen’s body can go to Peoria

Albany, N.Y., May 6, 2019 / 05:01 pm (CNA).- The New York Court of Appeals has dismissed an appeal of an earlier judgement allowing Venerable Fulton Sheen’s remains to be moved to the Cathedral of St. Mary in Peoria, in accordance with his family’s wishes.

The May 2 dismissal of the Archdiocese of New York’s appeal could pave the way for the Illinois-born archbishop’s beatification.

“After almost three years of litigation, the New York Archdiocese’ legal arguments have now been rejected at all three levels of the New York state court system,” the Diocese of Peoria said May 6.

“Although the New York Archdiocese may technically have legal options remaining, they are contrary to the wishes of Archbishop Sheen and his family, and would serve no genuine purpose except to delay the eventual transfer of Archbishop Sheen’s remains,” it added.

Archbishop Sheen served as host of the “Catholic Hour” radio show and the television show “Life is Worth Living.” He authored many books, with proceeds supporting foreign missions. He headed the Society for the Propagation of the Faith at one point in his life, and continued to be a leading figure among Catholics in the U.S. until his death.

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 New York archdiocese, 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.

In March 2019, the New York appeals court unanimously ruled that Sheen’s remains be transferred to Peoria.

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.

In June 2018, 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 a March statement, the diocese said that the courts have had ample opportunity to consider the arguments raised by New York, but have ultimately found them unavailing.

Both the Diocese of Peoria and the Archdiocese of New York have repeatedly voiced prayers that the beatification cause may move forward in a timely manner.

Archbishop Sheen’s intercession is credited with the miraculous recovery of a pronounced stillborn American baby from the Peoria area. In June 2014, a panel of theologians that advises the Congregation for the Causes of Saints ruled that the baby’s recovery was miraculous – a key step necessary before someone is beatified.

The baby, later named James Fulton Engstrom, was born in September 2010 showing no signs of life. As medical professionals tried to revive him, his parents prayed for his recovery through the intercession of Fulton Sheen.

Although the baby showed no pulse for an hour after his birth, his heart started beating again and he escaped serious medical problems.