Article X: Legal Descent of Burial Rights

Inasmuch as questions will arise as to the rights of kindred of the original purchaser of a lot, after his or her death, to inter upon a said lot, it is hereby declared, in order to make such rights more certain and definite, as follows:

A. The original purchaser may stipulate who is to receive the use of any remaining spaces. Such designation may be made in writing, either at the time of purchase or at a later date. The signature of the original purchaser must be notarized. The letter must then be filed at the Cemetery office.

In the event the purchaser should designate any person or persons other than members of his or her immediate family or kindred, such designation shall be invalid until signed and notarized instructions are received by the Cemetery office. GHPRD has the power to prohibit such designation for any reasonable cause.

B. Should the original purchaser of a lot decease without having designated the persons to be buried thereon, then the right of burial on said lot shall pass to any kindred as provided in Section 1, Article 1, Chapter 42 of the Code of West Virginia. Two-thirds of the living descendants of the original purchaser must, by an agreement in writing, duly signed, notarized, and deposited with the Cemetery office, designate who has burial rights on said lot. Such agreement must be accompanied by satisfactory evidence in writing that the persons signing the same are kindred of the original purchaser.

C. In the event the original purchaser of a lot has not made such designation and the descendants have not entered into such an agreement, then interments on said lot shall be made in the following order:

1. Space must be reserved for the spouse whether married again or not, and such spouse shall have first right to interment to the exclusion of all other persons.

2. The direct lineal descendants of the original purchaser in nearest degree of consanguinity shall have next right of burial in the order of their death; provided that grandchildren of the purchaser and kindred of more remote degree shall not be buried on said lot without the written consent of at least two-thirds of all the then living lineal descendants of nearer degree of consanguinity to the purchaser.

3. If there remain unoccupied spaces after providing for interments as aforesaid or if there be no lineal descendants, then collateral kindred in the nearest consanguinity to said purchaser in order of their death are entitled to interment thereon.

4 Notwithstanding, anything herein provided in these rules, GHPRD, in the exercise of its statutory discretion and without being in anyway answerable to any person, may without being thereto compellable, permit the burial on said lot of any person, whether or not belonging to any of the classes above mentioned, who, by reason of blood kindred or family relationship to or by reason of close association with the deceased lot owner or any person buried or presumptively to be buried on said lot, is deemed by GHPRD to be justly and equitably entitled to be buried thereon, unless there is on file with the Cemetery office, written objection to the burial of such person, duly signed and acknowledged by one or more persons of the class of nearest kindred then presumptively entitled to burial; in which latter case no burial outside the specific class of descendants of collateral kindred shall be made without the consent of such objector or objectors.

D. In case burial rights in the same lot have been granted to more than one person, such rights shall be held by them as tenants in common, and in case of disagreement between them, or between the persons entitled after the death of either or both, GHPRD shall be entitled to make partition of such lot in severalty, as in its statutory discretion it may deem most equitable and just, without such discretion being in anywise subject to the control of any court and without being in anyway answerable for the exercise thereof.

E. In determining the ownership of burial rights, GHPRD shall not at anytime be bound to recognize any person as grantee or owner of any rights except the grantee name in the original conveyance and successors as herein specified. Nor shall it at any time be bound to recognize any agreement or understanding affecting such rights not filed with and approved by the Secretary of GHPRD.