Grinnan v. Fredericksburg Lodge, No. 4

Citations

• 118 Va. 588
• 88 S.E. 79
• 1916 Va. LEXIS 42

Syllabus

<p>1. Dead Bodies&emdash;Removal&emdash;Power of Court of Equity.&emdash;A court of equity has the power, notwithstanding the absence of legislation on the subject, to authorize, in its sound judicial discretion, the removal of graves or cemeteries in a proper case after due consideration of all the facts and with due regard to the rights and feelings of all concerned.</p> <p>2. Cemeteries&emdash;Rights of Lot Otoner■&emdash;License&emdash;Discontinuance&emdash;Removal.&emdash;The purchaser of a lot in a cemetery does not acquire absolute right inj or dominion over, such lot. According to the weight of authority such purchaser acquires a mere license or privilege to make interments in the lot exclusively of others as long as the burying ground or cemetery remains’ as such. This license or privilege is subject to the condition that if, in the course of time, it becomes necessary to vacate the ground as a burial place he shall have notice and the opportunity of removing the bodies and monuments to some place of his own selection, or, on his failure so to do, such removal shall be made by others.</p> <p>3. Dead Bodies&emdash;Removal&emdash;Desecration&emdash;Case in Judgment.&emdash;Every of graves is not a desecration. On the contrary, such is often dictated by the highest considerations of duty and respect for the dead. In many instances not only graves but whole cemeteries are removed to another and different locality, and the idea that such removal is a desecration is negatived by our statute (Code 1904, sec. 1406-a) which permits the removal of cemeteries under certain circumstances and conditions. In the case in the removal of the graves, instead of desecrating the sepulchre of complainants’ dead, will rather tend to preserve and beautify their resting place.</p>