Sales of Burial Spaces/Legal Descent of Burial Spaces
A. Payment and Issuance of Instrument of Ownership:
All burial spaces must be paid for in full before any interment will be permitted, purchase price to be paid at the Cemetery. Purchaser shall receive a receipt for same which shall entitle purchaser to an instrument of ownership executed by the Mayor and acknowledged by the City Clerk, with the seal of the City of Evansville affixed thereto. It is recommended that the purchaser of more than one burial space place the instrument of ownership on record with the County Recorder.
B. Original Purchaser:
All instruments conveying ownership to burial spaces shall be construed as simply granting the right to use the same for burial purposes, and for the interment of the original purchaser and such other person as are so designated in writing by the original purchaser, or as provided by law or these rules and regulations.
C. Legal Descent of Burial Space:
All burial rights in burial spaces granted to individuals shall be the sole and separate property of the person named as grantee in the instrument of grant: provided, however, that the spouse of the grantee of any such burial space containing more than (1) burial space if otherwise consistent with the grant shall have a vested right of interment of his or her remains therein and any person thereafter becoming the spouse of grantee shall have a vested right of interment in such burial spaces if more than one (1) burial space remains unoccupied at the time such person becomes the spouse of such grantee. No transfer or other action of such grantee without joinder therein or written consent endorsed therein or attached thereto of the spouse of such grantee shall divest such spouse of such vested right of interment.
D. Purchase of Burial Spaces by Two or More Persons:
In all grants of burial spaces to two (2) or more persons as joint tenants, each joint tenant shall have a vested right of interment of his or her remains in the burial spaces so granted. Upon the death of a joint tenant, the title to the burial space theretofore held in joint tenancy vests to the burial space theretofore held in joint tenancy vests in the survivor or survivors, subject to the vested right of interment for the remains of the deceased joint tenant owner. Any burial space held in “joint tenancy” is the ownership by two (2) or more persons, not husband and wife, with the right of survivorship. An affidavit by any competent person setting forth the fact of the death of one (1) joint tenant and establishing the identity of the surviving joint tenant, named in the instrument or grant of burial space in the Cemetery, when filed with the Cemetery in which such burial space is located, shall be complete authority to the Cemetery to permit the use of the unoccupied burial spaces in accordance with the direction of the surviving joint tenant or his successor in interest.
E. Purchase of Burial Space by Husband and Wife:
When the owners of the burial spaces are husband and wife the title shall be recognized as “tenancy by the entireties” and right of interment shall be vested and controlled equally by both while living, or the surviving spouse or the immediate next of kin.
(1). A vested right of interment as herein provided may be waived by an instrument in writing or shall be terminated upon the interment elsewhere of the remains of a person entitled thereto.
(2). No such vested right of interment shall be construed to give to any person the right to have his or her remains interred in any interment space in which the remains of any deceased person having a prior right of interment therein shall have been deposited, to any person the right to have the remains of more than one (1) deceased person interred in a Single burial space in violation of the rules and regulations of the Cemetery.
In cause of divorce of husband and wife owning burial spaces as “tenancy by the entireties” who have not both made any written designation of same, and if not otherwise provided in the final decree of divorce between them, such burial spaces shall then be held by them as “tenants in common” as with the consent of the Board, either may transfer his or her burial spaces to the other by an instrument executed under his or her hand and seal and duly acknowledged before any officer authorized to take subsequently placing such instrument on file with the Cemetery office.
G. Death of Record Owner of Burial Spaces:
Upon the death of the record owner of burial spaces, then unless such owner shall have disposed of such burial spaces by a specific devise thereof in his last will and testament, or by a written designation filed with the Cemetery, such burial spaces shall thereby become inalienable, and such burial spaces shall thereafter be held as the family burial spaces (1) for the surviving spouse of the record owner, and in those spaces remaining, it any, the parents and children of said deceased record owner in order of need may be interred without the consent of any person claiming any interest therein. In the event there shall be no parent, or Child surviving such deceased record owner, the right of interment therein shall go in order of need first, to the spouse of any Child of said record owner and second, in order of need to the heirs at law of said record owner as specified by the statues of descent or the spouse of any such heir at law.
H. Waiver of Burial Rights:
Any surviving spouse of any parent, Child or heir of such deceased owner having a right of interment in such burial spaces, may be written instrument recorded with the Cemetery waive such right in favor of any other relative or spouse of such relative of such deceased recorded owner; upon such written waiver the body of the person in whose favor the waiver is made may be interred therein.
I. Affidavit Required:
An affidavit setting forth the fact of the death of the owner and the name of or persons entitled to use such burial spaces in accordance with the provisions hereof, shall be complete authority to the Cemetery to permit the use of the unoccupied burial spaces by the person or person so designated in the affidavit, to be entitled thereto.
J. Selling Burial Spaces to Third Party:
When a record owner of burial spaces desires to sell and convey such burial spaces to a third party, such conveyance must be by written instrument, the same to be approved by the Board, and filed with the Cemetery Office. A reasonable fee shall be charged for recording the transfer information. Selling price cannot exceed current market price. The Board does not repurchase burial spaces, nor do Cemetery personnel act as agent or broker in such transfer transactions.
K. Right of Ingress and Egress:
A perpetual right of ingress and egress over and across all burial spaces is reserved by the Board for the purpose of performing necessary Cemetery operations and maintenance.