The Clergyman's Hand-book of Law: The Law of Church and GraveScanlan, Charles Martin
Religion
The Clergyman's Hand-book of Law: The Law of Church and Grave
Scanlan, Charles Martin
Burial laws -- United States; Ecclesiastical law -- United States
*439.* _Freemason, Title, Right._—Prior to 1879, the mother, wife, and
other relatives of Coppers, who were Roman Catholics, were buried in the
lot covered by the deed given in the last paragraph. Coppers, who was a
Freemason, died in August, 1879, and his funeral services were held under
the auspices of the Masons from an Episcopal church, as directed in his
will. The rules and doctrines of the Church forbid the burial in
consecrated ground of the body of one who was not a Roman Catholic or who
was a member of the Masonic fraternity. The Church authorities refused to
allow Coppers to be buried in the cemetery, and application was made by
his relatives for a writ of mandamus to compel his interment therein, they
having deposited the necessary money to pay all the expenses. The court
held that the certificate delivered to Coppers was not a conveyance nor a
grant and did not vest title to the land in him, and that the cemetery
could not be compelled to execute and deliver to him an absolute
conveyance of the lot. His only right under the certificate was the use of
the lot for burial purposes subject to and in conformity with the
established rules and by-laws of the corporation in so far as they were
not in violation of any law. It is the tacit understanding, when a person
applies for a burial lot in a cemetery of the Catholic Church, that he is
either a Catholic and as such is eligible to be buried therein, or that he
applies in behalf of those who are in communion with the Church.(777)
*440.* _Lots, Fee._—If the cemetery association sells 400 lots to one man
and makes a conveyance in fee thereof, it is bound thereby.(778)
*441.* _Deed, Privilege, Heirs and Assigns._—No formal deed is necessary
to confer exclusive right to the use of a cemetery lot for burial
purposes.(779) And certificates of lots issued by a corporation convey no
title to the land, as they are not in the form necessary to constitute a
conveyance of land. Their only effect is to grant the privilege of
interment so long as the ground continues to be used for the purposes of
burial.(780) A deed of a cemetery lot “to him, his heirs, and assigns
forever,” gives only an easement in the freehold, and does not give title
to the soil, and is subject to changes made necessary by altered
circumstances.(781)
*442.* _Access, Purposes._—Title to a cemetery lot gives the right of
access to it for the usual purposes, including putting up monuments.(782)
Public-domain text, read in full here on John Shaqi.
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